UNIVERSITY  OF  ILLINOIS 
LIBRARY 


Class 


Book  Volume 

1906 


Ja  09-20M 


CENTRAL  CIRCULATION  BOOKSTACKS 


The  person  charging  this  material  is  re- 
sponsible for  its  return  to  the  library  from 
which  it  was  borrowed  on  or  before  the 
Latest  Date  stamped  below. 

Theft,  mutilation,  and  underlining  of  books  are  reasons 
for  disciplinary  action  and  may  result  in  dismissal  from 
the  University. 

TO  RENEW  CALL  TELEPHONE  CENTER,  333-8400 
UNIVERSITY  OF  ILLINOIS  LIBRARY  AT  URBANA-CHAMPAIGN 


When  renewing  by  phone,  write  new  due  date  below 


previous  due  date. 


L162 


Digitized  by  the  Internet  Archive 
in  2016  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/historycivilgove00seer_0 


THE 

State  Government  Series 

EDITS  D BY 

B.  A.  HINSDALE,  Ph.D.,  LL.D. 


VOLUME  IV. 


STATE  CAPITOL. 


HISTORY 


AND 

Civil  Government  of  Iowa 

BY 

H.  H.  Seerley,  A.M., 

President  of  the  Iowa  State  Normal  School, 
and 

L.  W.  PARISH,  AM., 

Professor  of  Political  Science  in  the  Iowa  State  Normal  School. 


and 

THE  GOVERNMENT  OF  THE  UNITED  STATES 

BY 

B.  A.  HINSDALE,  Ph.D.,  LL.D. 


NEW  YORK  CINCINNATI  CHICAGO 

AMERICAN  BOOK  COMPANY 


THE  STATE  GOVERNMENT  SERIES 

UNDER  THE  GENERAL  EDITORSHIP  OF 

B.  A.  HINSDALE,  Ph.D.,  LL.D. 

Professor  of  the  Science  and  the  Art  of  Teaching  in  the  University  of  Michigan; 
Author  of  “The  American  Government,”  “Studies  in  Education,”  etc. 

Price 

History  and  Civil  Government  of  Iowa  

By  H.  H.  Seerley,  A.M.,  President  Iowa  State  Normal  School, 
and  L.  W.  Parish,  A.M.,  Professor  of  Political  Science  in  the 
Iowa  State  Normal  School 

$1.00 

History  and  Civil  Government  of  Minnesota..... 

By  Sanford  Niles,  Ex-State  Superintendent  Public  Instruction 

1.00 

History  and  Civil  Government  of  South  Dakota 

By  Geo.  M.  Smith,  M.A.,  Professor  of  Greek  and  Pedagogy, 
University  of  South  Dakota,  and  Clark  M.  Young,  Ph.D., 
Professor  of  History  and  Political  Science,  University  of  South 
Dakota 

1.00 

History  and  Civil  Government  of  Ohio 

By  Dr.  B.  A.  Hinsdale  and  Mary  L.  Hinsdale 

1.00 

History  and  Civil  Government  of  Missouri 

By  J.  U.  Barnard,  Formerly  Professor  in  the  State  Normal 
School  of  Missouri 

1.00 

History  and  Civil  Government  of  Maine 

By  W.  W.  Stetson,  State  Superintendent  of  Public  Schools 

1.00 

History  and  Civil  Government  of  Pennsylvania 

By  Dr.  B.  A.  Hinsdale  and  Mary  L.  Hinsdale 

1.00 

History  and  Civil  Government  of  West  Virginia 

By  Virgil  A.  Lewis,  A.M.,  Ex-State  Superintendent  of  Schools 
of  West  Virginia 

1.00 

History  and  Civil  Government  of  Louisiana 

By  JOHN  R.  Ficklen,  Professor  of  History  and  Political  Science 
in  Tulane  University 

1.00 

Copyright,  1897,  by  Werner  School  Book  Company 
Copyright,  1908,  by  American  Book  Company 
e-p  2 


0*VO 


MrZ-177 

110% 


PREFACE. 

The  recent  revision  of  the  Code  of  Iowa  has  caused 
somewhat  important  changes  in  the  government  of 
cities  and  in  some  of  the  State  departments.  These 
changes  we  have  tried  to  make  clear  to  the  pupil,  and 
we  hope  that  the  comparative  tables  and  numerous 
outlines  may  prove  helpful  in  fixing  the  information 
given  in  the  text. 

Our  book  has  grown  out  of  the  conviction  that  his- 
tory and  civics  are  correlative  studies  ; that  the  story 
o 

^ of  civic  development  constitutes  civil  history;  and 
that  the  civil  government  of  to-day  is  most  interesting 
and  most  profitable  when  viewed  in  the  light  of  those 
events  by  which  the  organization  of  the  State  is 
~ being  moulded  and  perfected. 

While  we  have  given  considerable  space  to  the  his- 
i tory  of  Iowa,  we  have  confined  ourselves  strictly  to 
civil  history,  and  have  tried,  by  numerous  cross- 
references,  to  emphasize  the  fact  that  present  civic 
conditions  are  the  result  of  past  experiences  and  not 
infrequently  of  past  prejudices. 

Hoping  that  this  method  of  study  may  help  in  add- 
ing to  American  patriotism  a much  needed  intelligence, 

150434 


6 


PREFACE 


and  that,  as  as  a consequence,  at  least  the  blunders  of 
history  may  show  less  tendency  to  repeat  themselves, 
we  offer  our  little  book  not  only  to  the  teachers  of 
Iowa,  but  to  all  who  are  interested  in  the  past  and 
present  of  our  beloved  State. 

H.  H.  Seerley, 

L.  W.  Parish. 


State  Normal  School, 

Cedar  Falls,  Iowa. 


CONTENTS 


Page. 

General  Introduction 9-26 

Part  I. — History. 

Chapter. 

I.  The  Beginnings  of  Government 

(1673-1838) 27-35 

II.  The  Original  Inhabitants 36-43 

III.  Iowa  Territory  (1838-1840) 44-54 

IV.  Steps  to  Statehood 55-62 

V.  The  Democratic  Period  of  State 

Control  (1846-1854) 63-73 

VI.  The  Transition  Period  in  Or- 
ganization and  Legislation 

(1854-1857) 74-81 

VII.  The  Republican  Period  of  State 

Control  (1857-  ) 82-92 

VIII.  Iowa  in  the  Days  of  Contro- 
versy and  War  (1859-1865)  ..  93-104 

IX.  The  State  Institutions  and  So- 
cieties  105-118 

X.  Growth,  Development,  and 

Change 1 19-135 

Part  II. — Civil  Government. 

XI.  Local  Government 136-144 

XII.  Township  Government 145-158 

XIII.  Municipalities 159-165 

XIV.  County  Government 166-178 

XV.  State  Government I79~i93 

XVI.  Right  of  Suffrage 194-203 

7 


8 


CONTENTS 


Chapter.  Page. 

XVII.  Legislative  Department 204-215 

XVIII.  Legislative  Department  ( Con- 
tinued) 216-228 

XIX.  Executive  Department 229-242 

XX.  Judicial  Department . 243-258 

XXI.  State  Debts  and  Corporations.  259-266 
XXII.  Education  and  School  Lands..  267-280 

Part  III. — Government  of  the  United  States. 

XXIII.  The  Making  of  the  Government.  281-289 

XXIV.  Amendments  Made  to  the  Con- 
stitution   290-292 

XXV.  The  Source  and  Nature  of  the 

Government 293"295 

XXVI.  The  Composition  of  Congress  and 

the  Election  of  its  Members.  296-308 
XXVII.  Organization  of  Congress  and 

its  Methods  of  Doing  Business  309-315 
XXVIII.  Impeachment  of  Civil  Officers..  316-319 

XXIX.  General  Powers  of  Congress..  320-332 

XXX.  Election  of  the  President  and 

the  Vice-President 333’338 

XXXI.  The  President’s  Qualifications, 

Term,  and  Removal 339"34r 

XXXII.  The  President’s  Powers  and 

Duties 342-35° 

XXXIII.  The  Executive  Departments....  351-355 
XXXIV.  The  Judicial  Department  ... . . . 356-363 
XXXV.  New  States  \nd  the  Territorial 

System 364-369 

XXXVI.  Relations  of  the  States  and  the 

Union.  37°'377 

Special  Review  and  Outline...  378-384 


GENERAL  INTRODUCTION. 


The  character  of  the  volumes  that  will  comprise  The 
State  Government  Series  is  indicated  by  the  name  of 
the  series  itself.  More  definitely,  they  will  combine 
two  important  subjects  of  education,  History  and  Govern- 
ment. It  is  proposed  in  this  Introduction  briefly  to  set 
forth  the  educational  character  and  value  of  these  sub- 
jects, and  to  offer  some  hints  as  to  the  way  in  which  they 
should  be  studied  and  taught,  particularly  as  limited  by 
the  character  of  the  Series. 

1.  The  Educational  Value  of  the  Study  of 
History  and  Government. 

Not  much  reflection  is  required  to  show  that  both  of 
these  subjects  have  large  practical  or  guidance  value, 
and  that  they  also  rank  high  as  disciplinary  studies. 

1.  History. — When  it  is  said  that  men  need  the  expe- 
rience of  past  ages  to  widen  the  field  of  their  personal 
observation,  to  correct  their  narrow  views  and  mistaken 
opinions,  to  furnish  them  high  ideals,  and  to  give  them 
inspiration  or  motive  force;  and  that  history  is  the  main 
channel  through  which  this  valuable  experience  is  trans- 
mitted to  them — this  should  be  sufficient  to  show  that 
history  is  a very  important  subject  of  education.  On 
this  point  the  most  competent  men  of  both  ancient  and 
modern  times  have  delivered  the  most  convincing  testi- 
mony. Cicero  called  history  “the  witness  of  times,  the 
light  of  truth,  and  the  mistress  of  life.”  Dionysius  of 
Halicarnassus  said  “history  is  philosophy  teaching  by 

9 


IO 


GENERAL  INTRODUCTION. 


examples,”  and  Lord  Bolingbroke  lent  his  sanction  to 
the  saying.  Milton  thought  children  should  be  taught 
“the  beginning,  the  end,  and  the  reasons  of  political 
societies.”  Another  writer  affirms  that  “history  fur- 
nishes the  best  training  in  patriotism,  and  enlarges 
the  sympathies  and  interests.”  Macaulay  said:  “The 
real  use  of  traveling  to  distant  countries,  and  of 
studying  the  annals  of  past  times,  is  to  preserve  them 
from  the  contraction  of  mind  which  those  can  hardly 
escape  whose  whole  commerce  is  with  one  generation 
and  one  neighborhood.” 

In  every  great  field  of  human  activity  the  lessons  of 
history  are  invaluable — in  politics,  religion,  education, 
moral  reform,  war,  scientific  investigation,  invention, 
and  practical  business  affairs.  The  relations  of  history 
and  politics  are  peculiarly  close.  There  could  be  no 
science  of  politics  without  history,  and  practical  politics 
could  hardly  be  carried  on.  But,  more  than  this,  there 
can  be  no  better  safeguard  than  the  lessons  of  history 
against  the  specious  but  dangerous  ideas  and  schemes 
in  relation  to  social  subjects  that  float  in  the  atmosphere 
of  all  progressive  countries.  In  fact,  there  is  no  other 
safeguard  that  is  so  good  as  these  lessons;  they  are  ex- 
perience teaching  by  examples.  The  man  who  has 
studied  the  history  of  the  Mississippi  Scheme,  the  South 
Sea  Bubble,  or  some  of  the  less  celebrated  industrial  or 
economical  manias  that  have  afflicted  our  own  country,  is 
little  likely  to  embark  in  similar  schemes  himself,  or  to 
promote  them.  The  man  who  has  studied  the  evils  that 
irredeemable  paper  money  caused  in  France  in  the  days 
of  the  Revolution,  or  the  evils  that  the  Continental 
money  caused  in  our  own  country,  will  be  more  apt  to 
form  sound  views  on  the  subjects  of  currency  and  bank- 
ing than  the  man  who  has  had  no  such  training.  The 


GENERAL  INTRODUCTION. 


IT 


school  of  history  is  a conservative  school,  and  its  lessons 
are  our  great  defense  against  cranks,  faddists,  and  dem- 
agogues. 

2.  Government. — Politics  is  both  a science  and  an  art. 
It  is  the  science  and  the  art  of  government.  As  a science 
it  investigates  the  facts  and  principles  of  government;  as 
an  art  it  deals  with  the  practical  applications  of  these 
facts  and  principles  to  the  government  of  the  state. 

Now  it  is  manifest  that  the  art  of  politics,  or  practical 
government,  directly  concerns  everybody.  Few  indeed 
are  the  subjects  in  which  men,  and  particularly  men 
living  in  great  and  progressive  societies,  are  so  deeply 
interested  as  in  good  government.  The  government  of 
the  state  is  charged  with  maintaining  public  order,  se- 
curing justice  between  man  and  man,  and  the  promotion 
of  the  great  positive  ends  of  society.  For  these  pur- 
poses it  collects  and  expends  great  revenues,  which  are 
ultimately  paid  from  the  proceeds  of  the  labor  of  the 
people.  Furthermore,  in  republican  states,  such  as  the 
American  Union  and  the  forty-six  individual  States  that 
make  up  the  Union,  government  is  carried  on  by  the 
people  through  their  representatives  chosen  at  popular 
elections.  The  voters  of  the  United  States  are  a great 
and  growing  body.  Educational  and  other  restrictions 
sometimes  reduce  the  number  of  voters  in  a State,  but 
this  effect  is  more  than  counterbalanced  by  the  increase 
in  population  in  the  nation  at  large.  About  14,000,000 
citizens  vote  in  a presidential  election.  They  vote 
also  for  National  representatives,  for  State  legisla- 
tures, executives,  and  judges,  for  county,  township,  and 
city  officers,  for  the  supervisors  of  the  roads  and  the 
directors  of  the  public  schools.  There  is  not  a point 
in  the  whole  round  of  National,  State,  and  Local  govern- 
ment that  the  popular  will,  as  expressed  at  elections, 


12 


GENERAL  INTRODUCTION. 


does  not  touch.  Every  man  is,  therefore,  directly  con- 
cerned to  understand  the  nature  and  operations  of  these 
governments,  and  almost  equally  concerned  to  have  his 
neighbors  also  understand  them. 

We  have  been  dealing  with  practical  politics  exclu- 
sively. But  the  art  of  government  depends  upon  the 
science  of  government.  The  government  of  a great 
country  like  our  own,  at  least  if  a good  one,  is  a com- 
plicated and  delicate  machine.  Such  a government  is 
one  of  the  greatest  triumphs  of  the  human  mind.  It  is 
the  result  of  a long  process  of  political  experience,  and 
in  its  elements  at  least  it  runs  far  back  into  past  history. 
It  is,  therefore,  a most  interesting  study  considered  in 
itself.  All  this  is  peculiarly  true  of  our  own  govern- 
ment, as  will  be  explained  hereafter. 

However,  this  complicated  and  delicate  machine  is 
not  an  end,  but  only  a means  or  instrument;  as  a 
means  or  instrument  it  is  ordained,  as  the  Declaration 
of  Independence  says,  to  secure  to  those  living  under 
it  their  rights — such  as  life,  liberty,  and  the  pursuit  of 
happiness;  and  the  extent  to  which  it  secures  these 
rights  is  at  once  the  measure  of  its  character,  whether 
good  or  bad. 

It  is  also  to  be  observed  that  a government  which  is 
good  for  one  people  is  not  of  necessity  good  for  another 
people.  We  Americans  would  not  tolerate  a govern- 
ment like  that  of  Russia,  while  Russians  could  hardly 
carry  on  our  government  a single  year.  A good  govern- 
ment must  first  recognize  the  general  facts  of  human 
nature,  then  the  special  character,  needs,  habits,  and 
traditions  of  the  people  for  whom  it  exists.  It  roots  in 
the  national  life  and  history.  It  grows  out  of  the  na- 
tional culture.  Since  government  is  based  on  the  facts 
of  human  nature  and  human  society,  it  is  not  a mere  crea- 


GENERAL  INTRODUCTION. 


*3 


ture  of  accident,  chance,  or  management.  In  other 
words,  there  is  such  a thing  as  the  science  of  govern- 
ment or  politics.  Moreover,  to  effect  and  to  maintain 
a good  working  adjustment  between  government  and  a 
progressive  society,  is  at  once  an  important  and  difficult 
matter.  This  is  the  work  of  the  practical  statesman. 
A.nd  thus  we  are  brought  back  again  to  the  fact  that  the 
science  of  government  is  one  of  the  most  useful  of 
studies. 

Mention  has  been  made  of  rights,  and  of  the  duty  of 
government  to  maintain  them.  But  rights  always  imply 
duties.  For  example:  A may  have  a right  to  money 
that  is  now  in  B’s  posssession,  but  A cannot  enjoy  this 
right  unless  B performs  the  duty  of  paying  the  money 
over  to  him.  If  no  duties  are  performed,  no  rights  will 
be  enjoyed.  Again,  the  possession  of  rights  imposes 
duties  upon  him  who  possesses  them.  For  example: 
The  individual  owes  duties  to  the  society  or  the  govern- 
ment that  protects  him  in  the  enjoyment  of  his  rights. 
Rights  and  duties  cannot  be  separated.  Either  implies 
the  other.  Accordingly,  the  practical  study  of  govern- 
ment should  include,  not  only  rights,  but  also  duties  as 
well.  The  future  citizen  should  learn  both  lessons;  for 
the  man  who  is  unwilling  to  do  his  duty  has  no  moral 
claim  upon  others  to  do  theirs. 

The  foregoing  remarks  are  particularly  pertinent  to  a 
republican  government,  because  under  such  a govern- 
ment the  citizen’s  measure  of  rights,  and  so  of  duties,  is 
the  largest.  Here  we  must  observe  the  important  dis- 
tinction between  civil  and  political  rights.  The  first 
relate  to  civil  society,  the  second  to  civil  government. 
Life,  liberty  of  person,  freedom  of  movement,  owner- 
ship of  property,  use  of  the  highways  and  public  insti- 
tutions, are  civil  rights.  The  suffrage,  the  right  to  hold 


H 


GENERAL  INTRODUCTION. 


office  under  the  government,  and  general  participation 
in  public  affairs  are  political  rights.  These  two  classes 
of  rights  do  not  necessarily  exist  together;  civil  rights 
are  sometimes  secured  where  men  do  not  vote,  while 
men  sometimes  vote  where  civil  rights  are  not  secured; 
moreover,  both  kinds  of  rights  may  be  forfeited  by  the 
citizen  through  his  own  bad  conduct.  Evidently  polit- 
ical rights  are  subordinate  to  civil  rights.  Men  partic- 
ipate in  govermental  affairs  as  a means  of  securing  the 
great  ends  for  which  civil  society  exists.  But  the  great 
point  is  this — republican  government  can  be  carried  on 
successfully  only  when  the  mass  of  the  citizens  make 
their  power  felt  in  political  affairs;  in  other  words,  per- 
form their  political  duties.  To  vote  in  the  interest  of 
good  government,  is  an  important  political  duty  that  the 
citizen  owes  to  the  state.  Still  other  political  duties  are 
to  give  the  legally  constituted  authorities  one’s  moral 
support,  and  to  serve  the  body  politic  when  called  upon 
to  do  so.  These  duties  grow  out  of  the  corresponding 
rights,  and  to  teach  them  is  an  essential  part  of  sound 
education. 

It  has  been  remarked  that  good  government  rests 
upon  the  facts  of  human  nature  and  society,  that  such 
a government  is  a complicated  machine,  and  that  it  is 
an  interesting  subject  of  study.  It  is  also  to  be  observed 
that  the  successful  operation  of  such  a government  calls 
for  high  intellectual  and  moral  qualities,  first  on  the 
part  of  statesmen  and  public  men,  and  secondly  on  the 
part  of  the  citizens  themselves.  There  are  examples  of  an 
ignorant  and  corrupt  people  enjoying  measurable  pros- 
perity under  a wise  and  good  monarch;  but  there  is  no 
example  of  a democratic  or  republican  state  long  pros- 
pering unless  there  is  a good  standard  of  intelligence 
and  virtue.  This  is  one  of  the  lessons  that  Washington 


GENERAL  INTRODUCTION. 


15 


impressed  in  his  Farewell  Address:  “In  proportion  as 
the  structure  of  a government  gives  force  to  public 
opinion,  it  is  essential  that  public  opinion  shall  be  intel- 
ligent.” 

Government  deals  with  man  in  his  general  or  social 
relations.  Robinson  Crusoe  living  on  his  island  neither 
had,  nor  could  have  had,  a government.  Man  is  born  for 
society;  or,  as  Aristotle  said,  “man  has  a social  instinct 
implanted  in  him  by  nature.”  Again,  man  is  political 
as  well  as  social;  or,  as  Aristotle  says,  “man  is  more  of 
a political  animal  than  bees,  or  any  other  gregarious 
animal.”  Hence  the  same  writer’s  famous  maxim,  “Man 
is  born  to  be  a citizen.” 

These  last  remarks  bring  before  the  mind,  as  a 
subject  of  study,  man  in  his  relations  to  his  fellow 
men.  The  study  of  man  in  these  relations  has  both 
practical  and  disciplinary  value.  At  first  man  is 
thoroughly  individual  and  egotistical.  The  human 
baby  is  as  selfish  as  the  cub  of  the  bear  or  of  the 
fox.  There  is  no  more  exacting  tyrant  in  the  world.  No 
matter  at  what  cost,  his  wants  must  be  supplied.  Such 
is  his  primary  nature.  But  this  selfish  creature  is 
endowed  with  a higher,  an  ideal  nature.  At  first  he 
knows  only  rights,  and  these  he  greatly  magnifies;  but 
progressively  he  learns,  what  no  mere  animal  can  learn, 
to  curb  his  appetites,  desires,  and  feelings,  and  to  regard 
the  rights,  interests,  and  feelings  of  others.  To  promote 
this  process,  as  we  have  already  explained,  government 
exists.  In  other  words,  the  human  being  is  capable  of 
learning  his  relations  to  the  great  social  body  of  which 
he  is  a member.  Mere  individualism,  mere  egotism,  is 
compelled  to  recognize  the  force  and  value  of  altruistic 
conviction  and  sentiment.  And  this  lesson,  save  alone 
his  relations  to  the  Supreme  Being,  is  the  greatest  lesson 


i6 


GENERAL  INTRODUCTION. 


that  man  ever  learns.  The  whole  field  of  social  rela- 
tions, which  is  covered  in  a general  way  by  Sociology, 
is  cultivated  by  several  sciences,  as  ethics,  political 
economy,  and  politics;  but  of  these  studies  politics  or 
government  is  the  only  one  that  can  be  introduced  in 
didactic  form  into  the  common  schools  with  much  suc- 
cess. In  these  schools  civil  government  should  be  so 
taught  as  to  make  it  also  a school  of  self-government. 

It  may  be  said  that  so  much  history  and  politics  as  is 
found  in  these  volumes,  or  so  much  as  can  be  taught  in 
the  public  schools,  does  not  go  far  enough  to  give  to 
these  studies  in  large  measure  the  advantages  that  have 
been  enumerated.  There  would  be  much  force  in  this 
objection,  prpvided  such  studies  were  to  stop  with  the 
elementary  school.  But  fortunately  this  is  not  the  case. 
The  history  and  the  politics  that  are  taught  in  the 
elementary  school  prepare  the  way  for  the  history  and 
the  politics  that  are  taught  in  the  college  and  the  uni- 
versity. Furthermore,  and  this  is  in  one  aspect  of  the 
subject  still  more  important,  they  also  prepare  the  way 
for  much  fruitful  private  study  and  reading  in  the  home. 

II.  Methods  of  Study  and  Teaching. 

Under  this  head  history  will  be  considered  only  so  far 
as  it  is  involved  in  politics.  Our  first  question  is, 
Where  shall  the  study  of  government  begin  ? The 
answer  will  be  deferred  until  we  have  considered  the 
general  features  of  the  government  under  which  we  live. 

The  United  States  are  a federal  state,  and  the  Ameri- 
can government  is  a dual  government.  Our  present 
National  Government  dates  from  the  year  1789.  It  was 
created  by  the  Constitution,  which,  in  that  year,  took 
the  place  of  the  Articles  of  Confederation.  At  that  time 
the  State  governments  were  in  full  operation,  and  it  was 


GENERAL  INTRODUCTION. 


*7 


not  the  intention  of  the  framers  of  the  Constitution,  or 
of  the  people  who  ratified  it,  to  supersede  those  govern- 
ments, or,  within  their  proper  sphere,  to  weaken  them. 
Experience  had  conclusively  shown  that  the  country 
needed  a stronger  National  Government,  and  this  the 
people  undertook  to  provide.  So  they  undertook  to 
accomplish  in  the  Constitution  the  objects  that  are 
enumerated  in  the  Preamble. 

“We,  the  people  of  the  United  States,  in  order  to 
form  a more  perfect  Union,  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common  defense, 
promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and 
establish  this  Constitution  for  the  United  States  of 
America.” 

The  Constitution  also  formally  denied  some  powers  to 
the  United  States  and  some  to  the  States;  that  is,  it  for- 
bade the  one  or  the  other  to  exercise  the  powers  so 
prohibited.  (See  Article  I,  sections  9,  10.)  The  under- 
standing was  that  the  mass  of  powers  not  delegated  to 
the  Union  exclusively,  or  forbidden  to  the  States, 
continued  to  remain  in  the  hands  of  the  people 
in  their  State  capacities.  Moreover,  this  understand- 
ing was  expressly  asserted  in  Article  X of  the  Amend- 
ments. 

Accordingly,  the  Government  of  the  United  States 
must  be  studied  under  two  aspects,  one  National  and 
one  State.  The  case  is  quite  different  from  what  it  would 
be  in  England  or  France,  both  of  which  countries  have 
single  or  unitary  governments.  This  duality  makes  the 
study  more  interesting,  but  more  difficult,  and  suggests 
the  question  whether  it  should  begin  with  the  Nation  or 
the  State.  The  answer  must  be  deferred  until  still  othei 
facts  have  been  taken  into  account. 


GENERAL  INTRODUCTION. 


The  powers  that  the  State  Governments  exercise  are 
exercised  through  a variety  of  channels.  (1.)  Some  are 
exercised  directly  by  State  officers.  For  the  most  part 
these  are  powers  that  concern  the  State  as  a whole. 
(2.)  Some  are  exercised  by  county  officers  within  the 
county.  (3.)  Some  are  exercised  by  town  or  township 
officers  within  the  town  or  county.  (4.)  Some  are  exer- 
cised by  city  or  municipal  officers  within  the  city.  (5.) 
A few  fall  to  officers  elected  by  divisions  of  townships, 
as  road-masters  and  school  directors. 

Items  2,  3,  4 and  5 of  this  enumeration  constitute 
Local  government,  which  the  people  of  all  the  States, 
in  some  form,  have  retained  in  their  own  hand.  Here 
we  meet  a political  fact  that  distinguishes  us  from  some 
other  countries,  the  vigorous  vitality  of  local  institu- 
tions. France,  for  example,  although  a republic,  has  a 
centralized  government;  many  powers  are  there  exercised 
by  national  officers  that  here  are  exercised  by  local 
officers,  while  there  the  state  often  asserts  direct  control 
over  the  local  authorities.  Strong  attachment  to  local 
self-government,  and  opposition  to  centralized  govern- 
ment, is  one  of  the  boasted  glories  of  the  English-speak- 
ing race.  Subject  to  the  State  constitution,  the  State 
Legislature  is  the  great  source  of  political  power  within 
the  State.  The  county,  the  township,  and  the  city  owe 
their  political  existence  and  peculiar  organization  to  the 
Legislature. 

Different  States  have  organized  local  government  in 
different  ways.  Speaking  generally,  there  are  three 
types — the  Town  type,  the  County  type,  and  the  Mixed 
type.  The  Town  type  is  found  exclusively  in  the  New 
England  States.  It  throws  most  of  the  powers  of  local 
government  into  the  hands  of  the  town,  few  into  the 
hands  of  the  county.  The  County  type,  which  is  found 


GENERAL  INTRODUCTION. 


19 


in  the  Southern  States  and  in  a few  others,  reverses  this 
method;  it  throws  all  local  powers  into  the  hands  of  the 
county,  and  makes  the  sub-divisions  of  the  county  merely 
an  election  precinct,  the  jurisdiction  of  the  justice  of  the 
peace,  and  perhaps  the  unit  of  the  militia  company. 
The  Mixed,  or  Compromise  system,  as  its  name  implies, 
combines  features  of  the  other  two.  It  makes  more  use 
of  the  county,  and  less  of  the  town,  than  New  England; 
more  of  the  township,  and  less  of  the  county,  than  the 
South.  It  is  found  in  the  Central  States  and  generally, 
but  not  universally,  throughout  the  West. 

Now  not  much  argument  is  needed  to  show  that  the 
study  of  government,  even  within  the  limits  of  the  ele- 
mentary school,  should  embrace  the  two  spheres  in 
which  the  American  Government  moves,  the  sphere  of 
the  Nation  and  the  sphere  of  the  State.  Neither  is 
much  argument  called  for  to  show  that  the  study  of  the 
State  should  embrace  Local  government,  as  well  as 
State  government  proper.  The  argument  on  the  whole 
subject  divides  into  two  main  branches — the  one  practi- 
cal, the  other  pedagogical. 

Unfortunately,  the  time  given  to  the  study  of  govern- 
ment in  the  schools  has  not  always  been  wisely  distrib- 
uted. For  many  years  the  National  Government 
received  disproportionate  attention,  and  such,  though 
perhaps  in  less  degree,  is  still  the  case.  But,  important 
as  the  powers  of  the  Nation  are,  the  common  citizen, 
in  time  of  peace,  has  few  relations  with  it  outside  of 
the  Post  Office  Department,  while  his  relations  with 
the  State  are  numerous  and  constant.  President  Gar- 
field, in  1871,  said  : “It  will  not  be  denied  that  the 

State  government  touches  the  citizen  and  his  interests 
twenty  times  where  the  National  Government  touches 
him  once.” 


20 


GENERAL  INTRODUCTION. 


Still  another  point  may  be  urged.  An  American  State 
is  a distinct  political  community.  It  is  a separate 
commonwealth  having  its  own  constitution,  laws,  and 
officers.  It  has  its  own  history.  The  people  boast  its 
services  to  the  country.  They  point  to  its  great  names. 
They  glorify  the  associations  that  cluster  about  its  name. 
They  dwell  upon  its  typical  or  ideal  life.  All  this  is 
educative  in  a striking  sense;  such  an  environment 
necessarily  reacts  upon  the  people.  Who  can  measure 
the  effect  of  the  old  Bay  State  ideal,  or  the  Old  Dominion 
ideal,  upon  the  people  of  either  State  ? 

Once  more,  Local  government  has  received  too  little 
attention  as  compared  with  State  government  proper. 
Township  or  county  government  is  on  such  a diminutive 
scale  that  to  many  it  seems  a subject  unworthy  of  serious 
study.  But  it  is  important  to  teach  the  youth  of  the 
county  that  their  future  prosperity  and  happiness,  as  a 
rule,  will  depend  upon  what  is  done  by  road-masters, 
school  directors,  township  trustees  or  supervisors,  county 
commissioners  or  county  courts,  city  authorities,  and  the 
like,  far  more  than  upon  what  is  done  by  the  Governor 
or  the  President.  The  common  citizen  is  tenfold  more 
concerned  in  the  proceedings  in  the  courts  held  by 
justices  of  the  peace  and  by  county  judges  than  in  the 
causes  that  are  decided  by  the  Supreme  Court  of  the 
United  States. 

Government  is  fundamentally  an  information  or  guid- 
ance study.  It  is  put  in  the  schools  to  teach  the  pupil 
how  to  perform  his  political  duties  intelligently  when 
he  comes  to  the  state  of  manhood.  In  order  that  he 
may  perform  these  duties  intelligently,  he  must  under- 
stand the  nature  and  the  ends  of  government,  whether 
National,  State,  or  Local,  and  the  mode  of  its  opera- 
tion. 


GENERAL  INTRODUCTION. 


21 


The  fact  is,  however,  that  characteristic  features  of 
our  government  are  ill  understood  by  thousands  of  our 
citizens.  The  functions  of  the  Executive  and  of  the 
Judiciary  are  often  confounded;  likewise  the  functions  of 
State  authorities  and  National  authorities.  A multitude 
of  citizens  participate  in  every  election  of  electors  for 
President,  who  do  not  know  how  the  President  is 
elected.  The  line  dividing  the  State  sphere  from  the 
National  sphere  is  a very  hazy  matter  to  many  persons 
who  consider  themselves  intelligent.  Owing  partly  to 
this  fact,  and  partly  to  the  greater  prominence  of  the 
Union,  there  is  always  a tendency  in  many  quarters  to 
hold  the  National  authorities  responsible  for  what  the 
State  authorities  have  or  have  not  done.  The  adjust- 
ment of  Local  Government  to  the  State  and  National 
Governments  is  another  matter  concerning  which  many 
are  confused.  Tax-payers  can  be  found  in  every  neigh- 
borhood who  think  the  taxes  that  they  pay  to  the  town- 
ship or  the  county  treasurer  go  to  Washington. 

What  has  been  said  will  suffice  for  the  practical 
branch  of  the  argument.  Taking  up  the  pedagogical 
branch,  let  us  first  observe  the  nature  and  the  origin  of 
the  child’s  early  education  in  respect  to  government. 

It  is  in  the  family,  in  personal  contact  with  its  mem* 
bers,  that  the  child  forms  the  habits  of  obedience  and 
deference  to  others.  It  is  here  that  he  learns,  in  a rudi- 
mentary and  experimental  ' way,  that  he  is  part  of  a 
social  whole.  Here  he  acquires  the  ideas  to  which  we 
give  the  names  obedience , authority , government , and  the 
like.  His  father  (if  we  may  unify  the  family  govern- 
ment) is  his  first  ruler,  and  the  father’s  word  his  first 
law.  Legislative,  executive,  and  judicial  functions  are 
centered  in  a single  person.  These  early  habits  and 
ideas  are  the  foundations  of  the  child’s  whole  future 
education  in  government,  both  practical  and  theoretical. 


22 


GENERAL  INTRODUCTION. 


His  future  conception  of  the  governor,  president,  king, 
or  emperor  is  developed  on  the  basis  of  the  idea  of  his 
father;  his  conception  of  society,  on  the  basis  of  the 
idea  of  his  home;  his  conception  of  government  by  the 
State,  on  the  basis  of  family  government.  Of  course 
these  early  habits  and  ideas  are  expanded,  strengthened, 
and  adjusted  to  new  centers. 

While  still  young,  the  child  goes  to  school.  This,  on 
the  governmental  side,  is  but  a repetition  of  the  home. 
It  is  the  doctrine  of  the  law  that  the  teacher  takes  the 
place  of  the  parent:  in  loco  parentis . The  new  jurisdic- 
tion may  be  narrower  than  the  old  one,  but  it  is  of  the 
same  kind.  The  education  of  the  school  reinforces  the 
education  of  the  home  in  respect  to  this  all-important 
subject.  The  habits  of  obedience  and  deference  are 
strengthened.  The  child’s  social  world  is  enlarged.  At 
first  he  thought,  or  rather  felt,  that  he  was  alone  in  the 
world;  then  he  learned  that  he  must  adjust  himself  to 
the  family  circle;  now  he  discovers  that  he  is  a member 
of  a still  larger  community,  and  that  he  must  conduct 
himself  accordingly.  The  ideas  of  authority,  obedience, 
law,  etc.,  are  expanded  and  clarified. 

About  the  time  that  the  child  goes  to  school  he  begins 
to  take  lessons  in  civil  government.  This  also  is  de- 
veloped on  the  basis  of  his  previous  home-training.  It 
begins  at  the  very  door-step.  The  letter-carrier,  the 
policeman,  the  justice  of  the  peace,  and  the  postmaster 
introduce  him  to  the  government  of  the  outer  world. 
Some  or  all  of  these  officers  he  sees  and  knows,  and 
others  he  hears  about.  The  very  mail  wagon  that 
rattles  along  the  street  teaches  its  lesson,  and  so  do 
other  symbols  of  authority  that  confront  him.  He 
attends  an  election  and  hears  about  the  caucus.  As  he 
grows  older,  the  town  council,  the  court  of  the  local 
magistrate,  and  the  constable  or  sheriff  teach  him  the 


GENERAL  INTRODUCTION. 


23 


meaning  of  the  three  great  branches  of  government. 
His  ears  as  well  as  his  eyes  are  open.  Politics  is  the 
theme  of  much  familiar  conversation  to  which  he  listens. 
With  all  the  rest,  he  reads  the  newspaper,  and  so  en- 
larges his  store  of  political  information. 

Still  other  agencies  contribute  to  the  grand  result. 
The  church,  public  meetings,  societies  of  various  kinds, 
all  teach  the  lessons  of  order  and  discipline. 

Such,  in  general,  are  the  steps  by  which  the  child 
makes  his  way  out  of  the  world  of  isolation  and  selfish- 
ness into  the  world  of  social  activity  and  light.  Such  is 
the  character  of  his  early  education  in  morals  and 
politics.  Nor  is  it  easy  to  overestimate  these  early  les- 
sons. To  suppose  that  the  child’s  political  education 
begins  when  he  first  reads  the  Constitution  of  the  United 
States,  is  like  supposing  that  his  moral  education  begins 
when  he  is  first  able  to  follow  the  preacher’s  sermon. 

All  this  training  is  unconscious  and  mainly  incidental, 
and  the  more  effective  for  that  very  reason.  But  such 
training  will  not  meet  the  ends  of  intelligent  citizenship. 
Nor  can  the  political  education  of  citizens  be  left  to  the 
newspaper  and  the  political  speaker.  Government  must 
be  formally  taught  in  the  schools.  But  what  shall  be 
the  order  of  study  ? Shall  the  child  begin  at  Washing- 
ton, at  the  State  capital,  or  at  his  own  home  ? In  other 
words,  shall  he  begin  with  the  National  Government, 
with  the  State  government  proper,  or  with  Local  gov- 
ernment ? 

For  a time  the  student  of  government  should  continue 
to  work  on  the  material  that  lies  right  about  him,  just  as 
the  student  of  geography  should  find  his  first  lessons  at 
home.  On  this  point  the  arguments  already  presented 
are  decisive.  The  practical  argument  shows  that  this 
will  be  the  most  useful  course  to  pursue.  The  peda- 
gogical argument  shows  that  it  is  also  the  easiest,  the 


24 


GENERAL  INTRODUCTION. 


most  natural,  and  the  most  successful.  In  general  then 
the  method  should  be — -first,  the  Local  Government; 
second,  the  State  Government,  and  last,  the  National 
Government. 

We  have  now  reached  a point  where  we  can  define 
more  clearly  and  fully  the  special  object  of  the  series  of 
books  to  which  this  is  a general  introduction.  These 
books  are  designed  for  the  first  stage  of  the  formal 
study  of  the  subject  of  Government.  They  are  written 
on  the  theory  announced ; viz. : That  the  child’s  political 
education  begins  at  home,  and  should  for  a time  proceed 
from  the  home  outward.  The  series  is  appropriately 
named  The  State  Government  Series.  A volume  will 
be  given  to  a State.  The  successive  volumes  will  first 
present  an  outline  sketch  of  the  civil  history  of  the  State, 
and  then  outline  sketches  of  the  State  and  National 
Governments  as  they  now  exist  and  operate. 

With  two  or  three  practical  suggestions  to  teachers, 
this  Introduction  may  fitly  close. 

The  first  of  these  suggestions  is  that  if  the  propel 
course  be  taken,  the  study  of  the  National  system  will 
not  be  deferred  until  the  pupil  has  made  a complete 
survey  of  the  State  System.  The  State  system  can  no 
more  be  understood  alone  than  the  National  system  alone. 
When  the  intelligent  pupil,  and  particularly  a boy,  is  old 
enough  to  take  up  one  of  the  volumes  of  this  series,  he 
will  already  have  made  some  progress  in  discriminating 
the  two  systems.  He  will  know  that  Congress  and  the 
President  belong  to  the  Nation,  the  Legislature  and  the 
Governor  to  the  State.  But  at  the  outset  it  may  be  ad- 
visable for  the  teacher  to  broaden  and  deepen  this  line 
of  division.  This  can  be  done,  if  need  be,  in  one  or  more 
oral  lessons  devoted  especially  to  the  subject.  More- 
over, the  teacher  should  keep  an  eye  on  this  line  from 
first  to  last.  He  should  encourage  the  pupil  to  read  the 


GENERAL  INTRODUCTION. 


25 


Constitution  of  the  United  States,  and  in  particular 
should  direct  his  attention  to  the  general  powers  of  Con- 
gress as  summed  up  in  Article  I,  section  8,  which  are 
the  driving  wheels  of  the  National  Government. 

The  second  observation  is  that  unremitting  care  must 
be  taken  to  make  the  instruction  real.  The  common- 
places about  the  abstractness  and  dryness  of  verbal  in- 
struction, and  particularly  book  instruction,  will  not  be 
dwelt  upon,  except  to  say  that  they  apply  to  our  subject 
with  peculiar  force.  The  study  of  history,  when  it  is 
made  to  consist  of  memorizing  mere  facts,  is  to  the 
common  pupil  a dry  and  unprofitable  study.  Still  more 
is  civil  government  dry  and  unprofitable  when  taught  in 
the  same  manner.  There  is  little  virtue  in  a mere 
political  document  or  collation  of  political  facts.  The 
answer  that  the  school  boy  made  to  the  question, 
“ What  is  the  Constitution  of  the  United  States?”  is 
suggestive.  He  said  it  was  the  back  part  of  the  History 
that  nobody  read.  Hence  the  book  on  government  must 
be  connected  with  real  life,  and  to  establish  this  connec- 
tion is  the  business  of  the  teacher.  On  this  point  three 
or  four  hints  may  be  thrown  out. 

The  teacher  should  not  permit  the  Governor,  for  ex- 
ample, to  be  made  a mere  skeleton.  He  should  see 
rather  that  he  is  made  to  the  pupil  a man  of  flesh  and 
blood,  holding  a certain  official  position  and  exercising 
certain  political  powers.  It  is  better  to  study  the 
Governor  than  the  Executive  branch  of  the  government; 
better  to  inquire,  What  does  the  Governor  do?  than, 
What  are  the  powers  of  the  Executive  ? 

The  teacher  should  stimulate  the  pupil  to  study  the 
political  facts  about  him.  He  should  encourage  him  to 
observe  the  machinery  of  political  parties,  the  holding 
of  elections,  council  meetings,  courts  of  local  magis- 
trates, and  the  doings  of  the  policeman,  constable,  and 


26 


GENERAL  INTRODUCTION. 


sheriff.  This  suggestion  includes  political  meetings  and 
conversations  upon  political  subjects.  By  observation 
an  undue  personal  attendance  upon  such  proceedings  is 
not  meant.  To  that,  of  course,  there  might  be  several 
objections. 

Pupils  in  schools  should  be  encouraged  to  read  the 
newspapers,  for  political  among  other  reasons.  The 
publications  prepared  particularly  for  school  use  to 
which  the  general  name  of  “Current  Events  ” may  be 
given,  are  deserving  of  recommendation. 

Still  another  thought  is  that  the  study  be  not  made 
too  minute.  It  should  bear  rather  upon  the  larger 
features  of  the  special  topics.  This  remark  is  particu- 
larly applicable  to  the  judiciary,  which  nearly  all  persons 
of  ordinary  education  find  more  or  less  confusing. 

The  suggestions  relative  to  observation  of  political 
facts  are  peculiarly  important  in  a country  like  our  own. 
To  understand  free  government,  you  must  be  in  touch 
with  real  political  life. 

In  teaching  Civil  Government,  the  first  point  is  to  de- 
velop Civic  Spirit — the  spirit  that  will  insist  upon  rights 
and  perform  duties. 

The  last  word  is  a word  of  caution.  The  method  that 
has  been  suggested  can  easily  be  made  too  successful. 
Our  American  atmosphere  is  charged  with  political 
interest  and  spirit;  and,  while  the  pupil  who  takes  a 
lively  interest  in  current  politics,  as  a rule,  will  do  better 
school  work  than  the  pupil  who  does  not,  the  teacher 
must  exercise  care  that  partisan  spirit  be  not  awakened, 
and  that  occupation  in  current  events  do  not  mount  up 
to  a point  where  it  will  interfere  with  the  regular  work 
of  the  school.  B.  A.  Hinsdale. 


PART  I 


HISTORY  OF  IOWA 


CHAPTER  I 

THE  BEGINNINGS  OF  GOVERNMENT 1673-1838 

1 . Meaning  of  the  Name  Iowa. — Local  historians 
from  the  earliest  times  have  disagreed  regarding  the 
meaning  of  the  Indian  word  Iowa.  Some  good 
authorities  who  know  the  language  of  the  red  man 
well,  state  that  it  means  “The  Beautiful  Land.” 
Antoine  Le  Claire,  an  authority  of  the  highest  repute, 
is  just  as  positive  that  the  word  means,  “ This  is  the 
Place.”  Henry  R.  Schoolcraft,  also  a notable 
authority,  decides  that  the  Indians  used  the  word  to 
mean  “ Across  the  River,”  calling  the  tribe  which  had 
left  the  old  home  in  Illinois  the  Iowas.  It  is  not 
possible  to  choose  between  these  authorities,  but 
there  is  agreement  in  the  fact  that  the  word  is  derived 
from  the  Indian  language,  and  that  there  was  a tribe 
of  Fox  Indians  which  bore  this  name,  leaving  it  upon 
the  map  of  the  state  in  Iowa  river,  Iowa  City,  Iowa 
county  and  Iowa  State. 

2.  History  of  the  Use  of  the  Name. — The  first 
time  the  name  appears  in  public  records  was  in  1829. 
The  Territorial  Legislature  of  Michigan,  sitting  in  the 
city  of  Detroit,  organized  all  that  part  of  the  country 

27 


28 


HISTORY  OF  IOWA 


south  of  the  Wisconsin  river,  west  of  Lake  Michigan, 
north  of  Illinois,  and  east  of  the  Mississippi  river  into 
a county,  and  called  it  Iowa.  This  county  still  exists, 
though  of  not  such  large  size,  in  south-western  Wiscon- 
sin. Following  this  act,  the  Legislature  of  Michigan 
created  two  counties  in  1834,  west  of  the  Mississippi 
river,  naming  them  Dubuque  and  Des  Moines,  and  at- 
tached them,  for  judicial  purposes,  to  this  Iowa  county. 
It  was  a natural  thing,  after  the  organization  of  the 
Territory  of  Wisconsin,  in  1836,  to  speak  of  that  part 
of  its  extensive  Territory  as  the  “Iowa  District.  ” 
When  Congress  divided  the  Territory  in  1838,  the 
name  Iowa  was  readily  attached  to  the  new  Territory 
and  came  as  a matter  of  course  in  the  naming  of  the 
State  in  1846.  The  regular  steps  in  the  development 
and  extension  of  the  use  of  the  word  were  Iowa 
county,  Iowa  court  district,  Iowa  Territory,  and  Iowa 
State. 

3.  Early  Explorations. — The  fur  trader  and  the 
Christian  missionary  were  the  first  explorers  of  this 
country.  James  Marquette,  a French  Jesuit  mission- 
ary, and  Louis  Joliet,  a French-Canadian  fur  trader, 
were  probably  the  first  white  men  that  ever  saw  the 
“ Beautiful  Land.”  On  the  17th  of  June,  1673,  with 
five  French  assistant  boatmen,  they  entered  the 
Mississippi  river  by  way  of  the  Wisconsin  river,  and 
drifting  rapidly  down  the  Father  of  Waters,  Rio 
Grande,  as  they  called  it,  landed  June  25,  in  the 
present  county  of  Lee,  near  the  mouth  of  the  Des 
Moines  river.  In  1680  Louis  Hennepin,  a Franciscan 
priest,  with  two  fur  traders,  ascended  the  Mississippi 
river  as  far  as  the  Falls  of  St.  Anthony,  naming  them 


THE  BEGINNINGS  OF  GOVERNMENT 


29 


for  his  patron  saint.  He  gave  the  French  name, 
prairie,  to  the  meadowy,  grassy  plains  he  found  in  the 
region  of  Illinois  and  Iowa,  and  wrote  an  excellent 
description  of  the  same,  which  was  published  at  Paris 
in  1683.  In  1682  La  Salle,  another  French  fur 
trader,  left  Canada  for  the  purpose  of  exploring  the 
Great  Lakes  and  the  country  to  the  south  and  west. 
He  passed  down  the  Illinois  river,  and  from  its  mouth 
down  the  Mississippi  river  to  the  Gulf  of  Mexico, 
naming  the  country  Louisiana,  in  honor  of  his  king. 
While  he  probably  never  saw  Iowa,  yet  it  is  well  to 
know  this  much  of  his  expedition,  as  Iowa  was  so  long 
a part  of  Louisiana,  and  came  to  the  United  States 
through  the  Louisiana  purchase  of  1803.  From  this 
time  for  one  hundred  and  fifty  years  this  entire 
country  remained  in  the  possession  of  the  native 
Indian  tribes,  almost  unknown  to  our  Anglo-Saxon 
ancestors,  who  were  busily  laying  the  foundations  of 
an  empire  along  the  Atlantic  seaboard. 

4.  The  Expedition  of  Captains  Lewis  and 
Clark. — In  1804  Captains  Lewis  and  Clark  were 
sent  by  the  United  States  Government  upon  the 
famous  exploring  expedition  to  the  Pacific  Ocean. 
During  that  year  they  visited  the  western  border  of 
Iowa.  They  held  a notable  council  with  the  Indians 
near  the  north-west  corner  of  the  present  county  of 
Pottawattamie,  and  named  the  great  bluffs  of  the 
Missouri  river  at  that  point  Council  Bluffs.  This 
name  has  been  transferred  since  that  time  to  the  City 
of  Council  Bluffs,  the  county  seat  of  the  county.  The 
purpose  of  this  council  was  to  inform  the  Indians  of 
the  new  government  that  now  claimed  control  of  the 


30 


HISTORY  OF  IOWA 


country,  and  thus  endeavor  to  establish  peaceful  rela- 
tions with  them.  During  their  sojourn  in  Iowa,  one 
of  their  men,  Sergeant  Floyd,  died,  and  was  buried 
on  the  bluff  of  the  Missouri,  near  the  mouth  of  the 
Sioux  River.  It  has  ever  since  been  known  as  Floyd’s 
Bluff,  and  a small  river  near  by  has  been  called  Floyd 
river. 

5.  The  Expedition  of  Major  Pike. — In  the  autumn 
of  1805,  Major  Zebulon  M.  Pike,  a skillful  mathemati- 
cian and  linguist,  appointed  to  conduct  surveys  of 
various  parts  of  the  newly  acquired  territory  of  Louis- 
iana, made  an  authorized  official  visit  to  the  head 
waters  of  the  Mississippi,  and  met  the  different  Indian 
tribes  in  Iowa.  He  advised  the  Indians  of  the  fact 
that  the  United  States  had  acquired  sovereignty  over 
the  country  by  the  purchase  of  the  rights  of  France, 
and  that  henceforth  their  dealings  as  tribes  would  be 
with  the  new  government.  The  following  year  he  was 
charged  with  the  exploration  of  the  interior  of  Louis- 
iana, in  the  course  of  which  he  discovered  Pike’s 
Peak,  in  the  Rocky  Mountains,  and  reached  the  Rio 
Grande.  He  returned  after  numerous  severe  expe- 
riences, received  the  thanks  of  the  government,  pub- 
lished in  1810  an  account  of  his  expeditions,  and  finally 
became  a brigadier-general  in  an  expedition  in  1813 
against  Canada  and  was  killed  in  York,  now  Toronto. 

6.  The  Title  to  the  Soil. — Omitting  all  consider- 
ations of  the  vested  ownership  of  the  original  inhabi- 
tant, the  Indian  tribes,  it  will  be  of  interest  to  glance 
at  the  various  changes  of  ownership  through  which  the 
soil  of  Iowa  has  passed  since  this  State  was  known  to 
history. 


THE  BEGINNINGS  OF  GOVERNMENT 


31 


1.  So  far  as  the  history  of  the  discovery  and  explor- 
ation is  concerned,  Iowa  first  belonged  to  France, 
since  Marquette  and  Joliet,  as  already  mentioned, 
were  here  May  13,  1673.  Civilized  nations  conceded 
this  claim,  on  the  right  of  discovery,  and  France  held 
possession  until  1763,  when,  by  secret  treaty,  this 
State,  with  other  large  portions  of  territory,  known 
and  unknown  at  that  time,  was  ceded  to  Spain.  This 
treaty  was  not  made  known  until  a year  and  a half 
after  it  was  signed,  and  Spain  did  not  obtain  posses- 
sion until  1769.  By  the  treaty  with  Great  Britain, 
in  1783,  the  United  States  was  placed  in  possession  of 
the  east  bank  of  the  Mississippi  river,  except  the  part 
near  its  mouth. 

2.  Spanish  control  and  authority  prevailed  in  all 
this  vast  domain  west  of  the  Mississippi  river,  until 
October  1,  1800,  when  it  was  ceded  by  Spain  to 
France,  coming  thus  under  the  control  of  the  revo- 
lutionary French  government  and  the  power  of  Napo- 
leon Bonaparte. 

3.  April  30,  1803,  Napoleon  Bonaparte,  being  at 
war  with  almost  all  Europe,  sold  Louisiana  to  the 
United  States  to  prevent  it  from  falling  into  the  hands 
of  Great  Britain,  for  the  sum  of  $15,000,000.  The 
province  which  thus  came  into  the  possession  of  the 
United  States,  was  of  vast  though  ill-defined  territorial 
extent. 

4.  October  31,  1803,  a temporary  government  was 
authorized  by  Congress  for  the  newly  acquired  territory, 
but  in  reality  no  government  existed  except  in  name, 
as  the  French  governor  still  remained  in  power  at  the 
request  and  by  the  authority  of  the  United  States. 


32 


HISTORY  OF  IOWA 


5.  March  26,  1804,  Congress  provided  that  Upper 
Louisiana,  that  part  of  the  whole  province  north  of 
the  thirty-third  parallel,  consisting  now  of  Arkansas, 
Missouri,  Iowa,  and  Southern  Minnesota,  should  be 
organized  into  a court  district  and  attached  to  the 
territory  of  Indiana  for  governmental  and  judicial 
purposes.  From  this  came  the  term  “ District  of 
Louisiana,”  that  occurs  in  the  early  history  of  all  this 
part  of  the  United  States. 

6.  March  3,  1805,  Iowa  was  included  as  a part  of  the 
Territory  of  Louisiana,  with  the  capital  at  St.  Louis. 

7.  The  part  of  the  Louisiana  Purchase  now  known  as 
Louisiana  became  Orleans  Territory. 

8.  June  4,  1812,  Iowa  was  embraced  in  what  wasthen 
organized  as  the  Territory  of  Missouri. 

9-  July  19.  1820,  Missouri  became  a State,  and  Iowa 
with  other  territory  was  detached  and  forgotten,  and 
remained  a country  without  a government,  either 
political  or  judicial,  until  June  28,  1834,  when  the 
abuses  of  outlawry  and  crime  became  so  prominent 
and  so  serious  that,  as  a means  of  redress  and  correc- 
tion, it  was  included  in  the  Territory  of  Michigan. 
During  all  these  years,  it  is  probable  that  the  only 
civil  law  in  force  in  Iowa  was  the  provision  of  the 
Missouri  Act,  which  prohibited  slavery  and  involuntary 
servitude  in  the  territories  of  the  United  States 
north  of  thirty-six  degrees,  thirty  minutes,  north  lati- 
tude. 

10.  July  30,  1836,  Iowa  became  a part  of  the  newly 
organized  Territory  of  Wisconsin,  composed  of  the 
present  States  of  Wisconsin,  Iowa,  and  Minnesota,  and 
the  eastern  part  of  North  and  South  Dakota. 


THE  BEGINNINGS  OF  GOVERNMENT 


33 


1 1.  July  12,  1838,  the  Territory  of  Iowa  was  organ- 
ized, including  also  the  present  State  of  Minnesota 
and  parts  of  North  and  South  Dakota. 

12.  December  28,  1846,  Iowa  was  admitted  into 
the  Union  as  a State. 

7.  The  First  White  Settler. — In  1788,  the  first 
white  man  settled  within  the  present  limits  of  the 
State  of  Iowa.  This  was  just  one  year  after  the 
famous  “ Ordinance  of  1787,”  whose  promise  of 
liberty,  freedom,  and  education  exerted  such  a great 
influence  upon  the  great  Northwest.  Julien  Dubuque, 
this  first  white  settler,  was  a Frenchman,  a native  of 
Canada,  and,  previous  to  this,  a resident  of  Prairie  du 
Chien,  where  Fort  Crawford  was  located  and  where  a 
trading  post  had  already  been  established.  Septem- 
ber 22,  1788,  Dubuque  purchased  from  Blondeau  and 
other  chiefs  of  the  Fox  Indians  the  right  to  occupy  a 
tract  of  land  covering  the  site  of  the  present  city  of 
Dubuque.  In  1796,  the  Spanish  governor,  residing 
at  New  Orleans,  confirmed  this  grant  and  thus  estab- 
lished the  title  in  a civilized  way.  Dubuque  operated 
the  lead  mines  found  here  for  several  years,  and  had 
in  his  employ  ten  white  miners.  With  the  assistance 
of  two  of  them,  he  laid  out  a village  and  planned  for 
the  future  of  his  settlement. 

8.  Miner  of  the  Mines  of  Spain. — Dubuque  was 
a prominent  man  of  adventure  and  business  in  his 
time  in  this  frontier  town.  He  called  the  tract  of 
land  by  the  name  “ Mines  of  Spain,”  as  a compliment 
to  the  Spanish  governor  who  had  granted  him  privi- 
leges and  business  favors.  He  married  a Fox  Indian 
squaw,  Potosa  by  name,  and  so  prospered  in  his  busi- 


34 


HISTORY  OF  IOWA 


ness  pursuits  as  to  be  the  wealthiest  and  the  most 
influential  citizen  of  his  time  in  Iowa.  He  died  in 
1810  as  a victim  of  his  own  vices,  and  was  buried  in 
the  high  bluff  overlooking  the  Mississippi  river,  at  the 
mouth  of  Catfish  creek,  a mile  or  more  below  the 
present  city  of  Dubuque.  A leaden  coffin  was  made 
to  hold  his  remains,  and  a vault  was  constructed  of 
roughly  dressed  lime  stones  taken  from  the  edge  of 
the  bluff,  only  a few  feet  distant  from  the  site  of  the 
grave.  Over  the  grave  was  erected  a cedar  cross 
hewn  square  and  about  twelve  feet  high.  On  the 
arms  of  the  cross  was  inscribed  in  French  the  follow- 
ing: “ Julien  Dubuque,  Miner  of  the  Mines  of  Spain. 
Died  March  24,  1810,  aged  45  and  a half  years.  ” 
The  grant  of  land  thus  confirmed  to  Dubuque  by  the 
Spanish  authorities  was  afterward  contested  in  the 
United  States  courts,  and  the  decision  reached,  after  a 
full  and  careful  investigation,  was  that  the  title  claimed 
by  Dubuque  as  conferred  by  the  Indians  was  merely 
a lease  or  permit  to  work  the  mines,  and  that  the 
title  to  the  lands  themselves  was  in  the  United  States 
and  the  purchasers  from  the  land  offices  of  the  United 
States  (16  Howard  Rep.  224). 

9.  Other  Early  White  Settlers. — In  1795,  the 
Lieutenant-Governor  of  Upper  Louisiana  granted 
Basil  Girard,  a Frenchman,  a tract  of  land  amounting 
to  5,000  acres.  This  tract  was  located  in  Clayton 
county,  and  was  called  the  “ Girard  Tract.”  Girard 
occupied  this  land  with  others  under  the  Spanish, 
French,  and  American  governments,  and  was  finally 
granted  a patent  in  his  own  right  by  the  land  office  of 
the  United  States.  The  oldest  legal  title  to  land  in 


THE  BEGINNINGS  OF  GOVERNMENT 


35 


Iowa  is  that  of  the  site  of  Montrose,  Lee  county. 
March  30,  1799,  Louis  Honore-Tesson  obtained  from 
the  acting  governor  of  Upper  Louisiana,  “a  permit 
to  establish  himself  at  the  head  of  the  lower  rapids 
for  commerce  in  peltries  and  to  watch  the  Indians, 
and  keep  them  in  fidelity,  which  they  owe  His 
Majesty/’  Here  he  took  immediate  possession, 
planted  an  orchard  of  apple  trees,  built  a cabin  and 
kept  control  until  1805,  when  the  property  passed  to 
Thomas  F.  Roddick,  whose  heirs  were  confirmed  in 
the  original  title  by  the  United  States  Supreme  Court 
in  1839  (14  Howard  Rep.  513),  as  the  owners  of  one 
mile  square  of  the  original  league  of  land. 


QUESTIONS  AND  TOPICS. 

1.  Give  the  origin  and  the  development  of  the  word 
Iowa. 

2.  Give  an  account  of  Marquette,  Joliet,  Hennepin, 
and  La  Salle. 

3.  Origin  and  application  of  the  term  Louisiana. 

4.  What  was  the  object  of  the  numerous  govern- 
ment expeditions  sent  into  the  unsettled  part  of  the 
country  ? 

5.  What  nations  and  States  have  had  control  of 
Iowa  soil  ? 

6.  What  was  the  Louisiana  purchase  ? 

7.  What  was  the  ‘ 'Ordinance  of  1787  ” ? 

8.  What  is  a title  to  land  ? What  is  a ‘ ‘grant  of 
land”? 


CHAPTER  II 


THE  ORIGINAL  INHABITANTS 

I O.  The  Indians. — The  original  inhabitants  of 
Iowa,  at  the  coming  of  the  white  man,  were  the  In- 
dians known  in  history  by  the  tribal  names  of  Sioux, 
Sac,  Fox,  and  Iowa.  There  were  other  minor  tribes, 
but  these  were  the  strongest,  the  most  contentious  over 
their  rights  of  ownership,  and  therefore  in  history  the 
best  known.  By  repeated  treaties,  the  United  States 
extinguished  their  titles  to  the  lands  they  occupied  and 
removed  them  further  westward,  until  in  1870  there 
were  but  four  hundred  and  sixty-six  Indians  remaining 
in  the  whole  State  of  Iowa.  These  tribes  were  divided 
into  clans  or  families,  and  usually  selected  the  name  of 
some  animal  as  their  family  type  or'characteristic  des- 
ignation. Hence  the  names  Eagle,  Pigeon,  Wolf, 
Bear,  Elk,  Beaver,  Snake,  etc.,  were  thus  applied. 
The  number  of  clans  in  a tribe  was  an  even  number, 
eight  in  the  Fox  tribe,  twelve  in  the  Sac  tribe.  These 
clans  were  made  up  of  lodges,  each  lodge  consisting  of 
one  family.  The  husbands  of  a clan  were  all  known 
as  brothers,  the  wives  as  sisters,  and  the  children  rec- 
ognized each  of  the  brothers  as  father  and  each  of  the 
sisters  as  mother;  hence  there  were  no  cousins, 
nephews  or  nieces  known  among  them.  These  several 
clans  or  families  were  also  accustomed  to  have  pecu- 
liar ways  of  cutting  their  hair  so  as  to  designate  to 
which  one  of  these  families  they  belonged.  Over 

36 


THE  ORIGINAL  INHABITANTS 


37 


tribes  chiefs  were  placed;  sometimes  hereditary,  some- 
times by  election,  as  braves  who  distinguished  them- 
selves in  war  were  made  war  chiefs,  and  thus  it  hap- 
pened that  there  were  often  two  or  more  chiefs  in  the 
same  tribe.  The  more  prominent  chiefs  of  these  sev- 
eral tribes  have  left  their  names  on  the  map  of  the 
State  as  Black  Hawk,  Keokuk,  Tama,  Mahaska, 
Waukon,  Osceola,  Decorah,  Winneshiek,  Wapello, 
Appanoose  and  Poweshiek.  The  tribal  names  are  rep- 
resented by  Sioux,  Winnebago,  Sac,  Iowa,  Fox,  Osage, 
Pottawattamie,  Cherokee,  and  Chickasaw.  Other 
names  derived  from  the  Indians  are  Anamosa,  Monona, 
Okoboji,  Pocahontas,  Oskaloosa,  and  Ottumwa. 

I I . The  Government  and  the  Indians. — There 
were  many  treaties  with  these  Indians  from  time  to 
time  after  the  organization  of  the  United  States  gov- 
ernment. As  years  went  by,  the  White  man  time  and 
again  desired  to  encroach  upon  the  hunting  grounds  of 
the  Red  man,  and  hence  induced  his  government  to 
change  its  demands  and  modify  greatly  its  treaties.  It 
was  always  the  strong  dictating  to  the  weak,  and  every 
time  the  White  man  had  his  way  and  the  Red  man  was 
required  to  move  on  to  a new  and  undesired  home. 
From  the  most  early  beginnings,  the  United  States 
legally  treated  the  Indians  as  the  owners  of  the  soil,  and 
conducted  its  affairs  as  if  it  was  necessary  to  purchase 
these  lands  at  a price  satisfactory  to  the  original 
owners.  With  these  business  dealings,  came  treaties 
that  governed  them,  and  also  promises  of  future  guar- 
antees and  protection.  Notwithstanding  the  good 
faith  of  the  government  was  pledged  at  these  treaty- 
making meetings  never  to  molest  the  Indians  in  their 


HISTORY  OF  IOWA 


newly-assigned  homes,  yet  the  advance  of  civilization 
constantly  encroached  upon  the  natives  and  the  White 
man  again  and  again  demanded  a revision  of  these 
treaties  and  a surrender  of  their  possessions,  whether 
willing  or  not.  As  a result  of  this  policy  and  the 
violation  of  the  treaties  upon  the  part  of  the  United 
States,  there  was  little  faith  between  the  settlers  and 
the  natives,  and  a constant  border  warfare  has  been 
the  history  of  frontier  life. 

12.  Treaties  with  the  Indians. — i.  The  first 
treaty  made  by  the  government  of  the  United  States 

with  the  Indians  of  this  part  of 
the  Northwest  was  conducted 
by  Arthur  St.  Clair,  Governor 
of  the  Territory  northwest  of 
the  Ohio  river.  At  this 
treaty  meeting,  which  oc- 
curred January  9,  1789, 

there  were  two  chiefs  of  the 
Sac  Indians.  The  principal 
object  of  this  treaty  was  to 
territorial  seal  of  north-  make  peace  and  friendship 

WEST  TERRITORY.  , , , ... 

between  the  several  tribes, 
and  to  establish  the  boundary  lines  between  the  United 
States  and  the  Indians. 

2.  After  the  settlement  of  Kentucky  and  Ohio  had 
progressed  far  enough  to  make  the  Mississippi  river 
very  desirable  for  navigation,  and  when  the  French 
and  Spanish  interests  in  the  Mississippi  Valley  passed 
into  the  control  of  the  United  States  by  purchase,  a 
movement  was  at  once  begun  to  get  new  treaties  with 
the  Indians.  In  November,  1804,  William  Henry  Har- 


THE  ORIGINAL  INHABITANTS 


39 


rison,  then  Governor  of  Indiana  Territory,  undertook 
the  business  at  the  direction  of  President  Thomas  Jef- 
ferson, and  met  the  chiefs  of  all  the  tribes  interested 
at  St.  Louis.  He  succeeded  in  securing  a treaty  that 
surrendered  all  the  land  east  of  the  Mississippi  river 
and  a large  tract  on  the  west  in  Missouri,  for  which 
the  Indians  were  to  receive  $2,234.50  in  goods  and 
$1,000  annuity  thereafter.  At  the  same  time  the 
United  States  promised  never  again  to  interrupt  the 
Indians  in  the  possession  of  their  land  now  rightfully 
held  by  them,  and  to  protect  them  in  the  enjoyment 
of  the  same. 

3.  Notwithstanding  these  pledges,  in  1808  the  gov- 
ernment erected  Fort  Madison  on  the  Indian  land  on 
the  west  bank  of  the  Mississippi  river,  and  forcibly 
and  openly  took  possession.  The  Iowa  town  of  that 
name  still  marks  the  place  of  treachery  and  bad  faith 
where  this  fort  was  established.  The  Indians  were  very 
greatly  dissatisfied  with  this  act,  and  never  again  be- 
lieved the  professions  of  friendship  on  the  part  of  the 
officers  of  the  government.  Considering  this  act  as 
nullifying  the  treaty,  the  Indians  even  denied  that  their 
lands  east  of  the  Mississippi  river  were  ever  legally 
ceded.  The  mistakes  of  government  officials  and  the 
sharp  tricks  of  traders  and  frontiersmen,  as  well  as  the 
apparent  lack  of  fidelity  of  the  government,  so  alien- 
ated the  different  Indian  tribes  that  the  Black  Hawk 
War  was  provoked,  and  most  of  the  Iowa  tribes  were 
in  sympathy  with  the  uprising  of  the  Indians  and  aided 
in  the  hostilities. 

4.  On  the  15th  of  April,  1832,  General  Winfield 
Scott  made  a treaty  with  the  Sacs  and  Foxes  at  the 


40 


HISTORY  OF  IOWA 


present  site  of  Davenport,  by  which  a small  strip  of 
land  in  Iowa,  called  the  Black  Hawk  Purchase,  was 
released  to  the  United  States  for  settlement.  This 
included  6,000,000  acres  of  very  valuable  farming 
land,  constituting  the  eastern  portion  of  the  present 
State  of  Iowa.  In  June,  1833,  the  Indians  peaceably 
removed  from  these  lands,  and  gave  the  white  people 
charge  of  their  much-loved  childhood  home.  Again 
in  1837,  the  chief  Keokuk  and  his  associates  made 
another  treaty  and  ceded  a smaller  tract  to  the 
settlers  for  occupation;  and  in  1842,  Governor 
Chambers,  of  Iowa  Territory,  made  a final  treaty  with 
the  Sacs  and  Foxes,  whereby  all  their  claims  to  lands 
in  Iowa  were  sold  to  the  General  Government.  Thus 
is  given  briefly  the  history  of  the  dispossession  of  the 
aborigines  of  their  lands  and  the  acquirement  of  the 
title  by  the  people  of  the  United  States. 

5.  In  June,  1846,  the  Pottawattamies  relinquished 
their  reservation  and  crossed  the  Missouri  river,  and 
in  July  23,  1851,  the  Sioux  Indians  sold  their  lands 
and  agreed  to  yield  possession  in  two  years,  and  the 
title  to  all  Iowa  lands  was  established  in  the  govern- 
ment of  the  United  States. 

13.  The  Half-Breed  Tract. — From  1834  to  1837, 
the  government  had  a camp  established  at  Montrose, 
on  the  Mississippi,  which  was  called  Camp  Des 
Moines.  At  the  foot  of  the  Rapids  was  an  old  trading 
house,  afterwards  known  as  “ Rat  Row,”  and  two  or 
three  old  cabins.  This  was  known  as  the  point  after- 
wards named  for  Keokuk,  the  eloquent  old  chief  of 
the  Sac  tribe.  The  first  settlers  here  were  engaged 
chiefly  in  ‘ 4 lighting  and  towing  freights  ’ ’ over  the 


THE  ORIGINAL  INHABITANTS 


41 


Des  Moines  rapids.  In  a treaty  made  with  the  Sac 
and  Fox  Indians  in  1824,  there  was  reserved  for  the 
use  of  the  half  breeds  of  their  tribes,  in  the  south 
part  of  what  was  afterward  Lee  county,  a very  valu- 
able tract  of  land,  containing  about  one  hundred  and 
thirteen  thousand  acres.  By  an  Act  of  Congress, 
approved  June  13,  1834,  the  Government  released  to 
these  half  breeds,  as  tenants  in  common,  the  fee  sim- 
ple title  to  these  lands.  The  treaty  with  the  Sac  and 
Fox  Indians  did  not  fix  either  the  names,  number,  or 
indentity  of  the  persons  for  whom  the  reservation  was 
made.  Hence,  here  was  a chance  for  speculation  and 
fraud.  The  number  who  claimed  to  be  half 
breeds  was  fraudulently  increased  and  a com- 
pany was  duly  incorporated  to  buy  up  half-breed 
titles. 

14.  Legal  Efforts  Regarding  Titles. — The  Terri- 
torial Legislature  of  Wisconsin,  which  held  its  session 
at  Burlington,  in  1838,  passed  a special  act  appoint- 
ing Edward  Johnston,  Thomas  S.  Wilson,  and  David 
Brigham  commissioners  to  settle  all  rights  to  the 
property.  Claimants  to  the  " half-breed  tract” 
should  make  proof  of  their  titles,  and  the  commission- 
ers should  report  their  finding  to  the  Territorial  District 
Court.  The  court  was  authorized,  after  notice  by 
publication,  to  enter  a decree  establishing  titles. 
Before  this  work  was  completed,  the  next  Legislature, 
January  25,  1839,  repealed  the  law,  but  in  the  repeal- 
ing act  authorized  the  commissioners  to  sue  the 
owners  of  the  Half-breed  Tract  for  their  services. 
This  they  did  and  Johnston  and  Brigham  each  recov- 
ered judgments  against  the  "owners  of  the  Half- 


42 


HISTORY  OF  IOWA 


breed  Tract,”  by  that  general  name  and  description. 
Executions  were  issued  on  these  judgments,  and  the 
tract  was  levied  upon  and  sold  at  sheriff’s  sale  to 
Hugh  T.  Reid.  The  Supreme  Territorial  Court  at 
one  time  held  this  title  to  be  valid,  and  Reid  nar- 
rowly escaped  being  a great  landed  proprietor.  Mean- 
time the  Territorial  Legislature  began  to  encourage 
settlements  on  the  Half-breed  Tract  by  legislative 
assurance  to  squatters,  that,  if  all  other  titles  should 
fail,  possession  should  be  not  nine  but  ten  points  of 
the  law.  The  very  worst  that  a settler  had  to  fear 
was,  that  improvements  should  be  assessed  by  a 
jury  of  his  peers,  and  that  their  value  thus  ascer- 
tained should  be  a lien  on  the  land. 

8 5.  Final  Settlement  of  the  Case. — In  1840,  a 
suit  in  partition  was  begun  in  the  Territorial  Courts  in 
the  name  of  Josiah  Spaulding  and  twenty-two  other 
purchasers  from  some  of  the  half-breeds  against  ‘ * the 
known  and  unknown  owners  of  shares  in  the  Half- 
breed  Tract.”  Service  was  made  by  publication. 
Commissioners  were  appointed  by  the  court,  who 
divided  the  tract  into  one  hundred  and  one  shares,  of 
which  forty-one  were  claimed  by  a New  York  Com- 
pany as  assignees.  The  title  under  this  decree  of  par- 
tition, after  years  of  litigation,  was  finally  established 
and  quieted.  These  complications  also  became  polit- 
ical, and  in  the  fall  of  1836,  when  the  question  of  a 
separate  Territorial  organization  for  Iowa  was  agitated, 
a public  meeting  was  held  six  miles  west  of  Keokuk, 
at  which  many  thought  that  the  Half-breed  Tract  could 
not  be  included  in  any  other  organization,  and  those 
assembled  seriously  contemplated  starting  an  inde- 


THE  ORIGINAL  INHABITANTS 


43 


pendent  government.  But  after  several  orators  pres- 
ent had  successively  mounted  the  head  of  a whiskey 
barrel,  and  exhausted  their  eloquence  in  debating  the 
question,  the  interested  squatter-residents  became  con- 
vinced that  the  reservation  was  still  within  the  juris- 
diction of  the  government  of  the  United  States  and 
that  they  still  owed  it  their  allegiance. 


QUESTIONS  AND  TOPICS. 

1.  What  is  a tribe  of  Indians?  Why  are  they  called 
original  people  ? 

2.  What  are  the  characteristics  of  government 
among  the  Indians? 

3.  What  is  a treaty  ? In  what  way  did  the  United 
States  deal  with  the  Indians  ? Why  were  the  guaran- 
tees of  the  Government  not  kept  ? 

4.  What  was  the  Northwest  Territory  ? What  were 
the  special  points  in  its  organization  worthy  of  special 
remembrance  ? 

5.  What  is  meant  by  the  phrase  “ tenants  in  com- 
mon 99  ? Why  was  there  so  much  difficulty  concern- 
ing the  Half-breed  Tract  ? Why  did  it  become  after- 
ward such  a political  factor  ? 


CHAPTER  III 


IOWA  territory:  1838-1840 

16.  The  Organic  Act. — On  the  12th.  of  June, 
1838,  Congress  passed  an  act  providing  “that  from 
and  after  the  3d.  day  of  July  next,  all  that  part  of  the 
Territory  of  Wisconsin  that  lies  west  of  the  Mississippi 
river,  and  west  of  a line  drawn  due  north  from  the 
head  waters  or  sources  of  the  Mississippi  to  the  terri- 
torial line,  was  for  temporary  purposes  constituted  a 
separate  Territorial  government  and  called  Iowa.” 
Provision  was  made  for  the  President  of  the  United 
States,  by  and  with  the  advice  of  the  Senate,  to 
appoint  a governor,  a secretary,  a chief  justice,  two 
associate  justices,  a United  States  attorney,  and  a 
marshal,  to  take  charge  of  this  new  Territory  and  see 
that  law  and  order  prevailed  within  its  borders.  This 
act  appropriated  $5,000  for  a public  library  and  $20,- 
000  for  the  erection  of  public  buildings. 

I 7.  The  Power  of  the  Governor. — The  governor 
was  appointed  for  three  years,  and  the  other  officers 
for  four  years.  The  governor  was  required  to  reside 
in  the  Territory,  was  commander-in-chief  of  the  militia, 
and  was  required  to  perform  the  duties  of  superin- 
tendent of  Indian  affairs — not  a small  task  at  that 
time.  All  laws  passed  by  the  legislature  were  to  be 
approved  by  him  before  they  should  take  effect,  and  he 
was  invested  with  the  power  to  grant  pardons  for  all 
offences  that  were  committed  under  Territorial  law. 


44 


IOWA  TERRITORY 


45 


He  was  also  granted  large  discretion  and  authority 
in  the  determining  of  local  officers,  as  the  organic  act 
states,  he  was  to  “ nominate,  and  by  and  with  the 
advice  and  consent  of  the  legislative  council,  appoint 
all  judicial  officers,  justices  of  the  peace,  sheriffs,  and 
all  militia  officers  except  those  of  the  staff,  and  all 
civil  officers  not  provided  for  by  the  organic  act.” 

18.  The  Judicial  Power. — It  was  also  provided 
that  the  Territory  should  be  divided  into  three  judicial 
districts,  and  the  governor  had  the  right  to  define  the 
judicial  districts  of  the  Territory,  and  assign  the  judges 
appointed  to  the  several  districts  of  the  Territory,  and 
appoint  the  time  for  holding  courts  in  the  several 
counties,  until  otherwise  provided  by  the  legislature. 
Each  judge  was  required  to  live  in  and  hold  the  courts 
of  his  own  district,  and  the  three  judges  were  required 
to  meet  at  the  seat  of  government  once  a year  and 
together  hold  a supreme  court.  This  act  also  provided 
for  a Territorial  legislature  consisting  of  a council  and 
a house  of  representatives,  the  former  consisting  of 
thirteen  and  the  latter  of  twenty-six  members,  elected 
by  the  people. 

19.  The  First  Governor. — Robert  Lucas,  form- 
erly Governor  of  Ohio,  was  selected  by  the  President 
to  be  the  first  chief  executive  and  undertake  all  these 
many  duties.  He  proved  to  be  a very  wise  selection, 
and  used  his  power,  so  liberally  conferred,  with  good 
judgment  and  with  benefit  to  the  future  common- 
wealth. He  at  once  caused  a census  to  be  taken, 
apportioned  the  members  of  the  legislature  between  the 
counties  and  issued  a proclamation  for  an  election  of 
delegates  to  Congress  and  members  of  the  legislature. 


46  HISTORY  OF  IOWA 

He  established  the  temporary  seat  of  Territorial  gov- 
ernment at  Burlington,  and  convened  there  the  first 
Legislature  of  Iowa  on  the  12th  of  November,  1838. 

The  patronage  of  the 
governor  at  the  first  or- 
ganization of  the  Ter- 
ritory was  very  large, 
and  he  was  thus  en- 
abled to  exert  a great 
influence  in  public  af- 
airs.  It  was  very  for- 
tunate that  a man  of 
such  character,  wis- 
dom, and  good  inten- 
tions was  appointed  to 
this  important  office, 
but  it  was  inevitable 
that  very  soon  such 
power  would  be  re- 
sisted and  a change  demanded  that  would  reduce  the 
governor’s  office  to  executive  duties,  and  leave  to  the 
people  the  selection  of  all  their  rulers,  great  and  small. 

20.  The  First  Legislature. — The  first  legislature 
was  mostly  composed  of  young,  enterprising  men, 
many  of  them  afterwards  becoming  prominent  people 
in  the  history  of  the  State;  but,  as  it  happened,  their 
principal  business  consisted  in  controversy  with  the 
Governor  and  the  other  officers  appointed  by  the 
United  States  government.  The  first  legislative  acts 
were  the  granting  of  charters  to  the  cities  of  Daven- 
port and  Muscatine,  and  the  giving  away  of  many 
exclusive  privileges  to  private  individuals.  Some  of 


ROBERT  LUCAS. 


IOWA  TERRITORY 


47 


these  privileges  afterward  became  very  profitable  to 
the  proprietors,  and  likewise  very  onerous  and  injurious 
to  the  people.  This  was  particularly  true  with  ferry 
charters,  which  gave  authority  and  control  to  private 
individuals  to  such  an  extent  as  to  be  the  source  of 
much  complaint  and  not  a little  politics.  This  Legis- 
lature also  provided  for  the  erection  of  a penitentiary 
at  Fort  Madison,  and  a Capitol  building  to  be  located 
in  Johnson  county  on  a suitable  site  to  be  selected  by 
three  commissioners  appointed  by  the  legislature. 
This  place,  when  selected,  surveyed,  and  platted,  was 
to  be  called  Iowa  City,  and  was  to  be  the  permanent 
capital. 

2 1 . Controversy  with  the  Governor. — This  first 
Legislature  very  bitterly  disagreed  with  the  governor 
respecting  the  meaning  of  the  organic  act,  which 
defined  the  respective  powers  of  the  governor  and  the 
legislature.  This  disagreement  was  much  intensified 
by  some  trifling  and  witty  communications  made  by 
the  secretary  of  the  Territory  in  reply  to  a request  of 
the  legislature  for  certain  stationery  and  other  sup- 
plies that  the  members  deemed  necessary  for  the 
transaction  of  the  regular  official  business  of  the 
session.  As  a consequence  of  these  differences  of 
opinion  as  to  the  legal  prerogatives  of  the  executive 
and  the  legislative  departments,  the  Governor  became 
prejudiced  in  feeling  and  was  less  disposed  to  yield 
his  official  opinion  as  to  Authority  and  rights  than 
he  otherwise  would  have  been,  and  hence  very  lit- 
tle effective  business  was  possible,  since  controversy 
absorbed  the  time  and  attention  of  the  members.  The 
Governor’s  veto  being  absolute,  he  used  it  so  effect- 


48 


HISTORY  OF  IOWA 


ively  as  entirely  to  annul  all  acts  of  the  Legislature  that 
did  not  personally  appeal  to  him  as  being  for  the  best 
interests  or  even  as  not  being  put  in  the  best  way  as  to 
language. 

22.  Opinion  of  the  Legislature. — The  Legislature 
claimed  that  he  exceeded  his  authority,  and  that  the 
words  in  the  organic  act  : ‘ 4 shall  approve  all  laws 
passed  by  the  legislative  assembly  before  they  take 
effect,  ’ ’ should  be  interpreted  to  mean  that  it  was  the 
imperative  duty  of  the  Governor  to  approve  all  acts 
passed  by  the  Legislature  of  the  Territory,  and  therefore 
the  mere  fact  of  the  governor  vetoing  them,  or  even 
withholding  his  approval,  did  not  prevent  the  acts  of 
the  legislature  becoming  laws.  This  little  history  needs 
to  be  kept  in  mind,  because  since  this  struggle  was 
ended,  the  Governor  of  Iowa  has  rarely  used  the  veto 
for  the  purpose  of  checking  the.  will  of  the  Legislative 
Assembly,  and  asserting  thereby  his  own  judgment  and 
will  in  thwarting  legislation,  but  has  usually  left  the 
responsibility  of  the  wisdom  of  such  laws  to  rest  upon 
the  Legislature  who  were  thus  accountable  to  the  peo- 
ple who  elected  them.  But  the  action  of  the  members 
of  the  first  legislature,  their  interpretations  of  the 
organic  law,  and  their  abuse  of  authority  as  represented 
by  the  governor,  did  not  intimidate  Governor  Lucas  or 
change  his  mind  in  the  least  in  the  discharge  of  his 
duties  as  he  understood  them.  He  was  of  such  per- 
sonal character  that  he  proposed  to  do  what  he  sup- 
posed was  right,  and  let  the  future  citizen  and  historian 
judge  of  the  wisdom  of  his  official  course. 

23.  The  Appeal  to  Higher  Power. — When  the 
legislature  found  that  threats,  abuse,  resolutions,  and 


IOWA  TERRITORY 


49 


arguments  did  not  move  him,  the  next  attempt  was  to 
remove  him  from  office,  and  a memorial  was  sent  to 
the  President  of  the  United  States  declaring  his  unfit- 
ness and  stubbornness,  as  well  as  his  arbitrariness  and 
usurpations,  and  praying,  in  the  strongest  terms  for 
his  immediate  and  unconditional  removal  from  office. 
President  Van  Buren  did  not  approve  of  the  demand 
from  the  Legislature,  and  hence  Governor  Lucas 
remained  in  office  until  there  was  a change  in  the 
administration  of  the  Federal  government.  The  diffi- 
culties that  had  arisen  between  the  Governor  and  the 
Legislature,  and  the  very  frequent  use  of  the  absolute 
veto  power  by  the  governor,  attracted  the  attention  of 
Congress,  and  some  amendments  were  made  to  the 
organic  law  permitting  the  legislature  to  pass  a 
measure  over  the  governor’s  veto  by  a two-thirds  vote, 
and  also  authorizing  the  legislature  to  pass  laws 
permitting  the  people  to  elect  all  their  local  officers 
thus  far  appointed  by  the  governor. 

24.  The  Second  Legislature. — As  a consequence 
of  the  large  controversy  that  had  occurred  at  the 
session  of  the  first  legislature,  the  issue  of  the  next 
election  was  the  curtailing  the  power  of  the  governor 
and  the  increasing  the  power  of  the  people  and  their 
representatives,  the  members  of  the  legislature. 
“ Home  rule  ” was  a doctrine  on  these  prairies,  and 
tyranny  and  dictatorships  were  condemned  as  out  of 
conformity  with  American  institutions.  Hence,  with 
the  coming  together  of- the  second  legislature,  there 
was  no  delay  in  taking  advantage  of  the  act  of  Con- 
gress. The  first  thing  done  was  to  provide  for  the 
people  electing  all  their  officials,  and  since  that  time 


5° 


HISTORY  OF  IOWA 


the  governor’s  appointing  power  has  been  small 
indeed,  and  the  feeling  then  aroused  was  of  such 
power  that  the  people  are  still  jealous  of  their  rights 
as  electors  in  choosing  officers,  even  if  such  method  of 
public  election  is  in  some  cases  not  considered  best. 
This  is  so  far  true,  that  the  people  are  even  now  in 
favor  of  electing  United  States  senators  at  a general 
election,  did  the  United  States  constitution  and  laws 
permit. 

The  Extra  Sessions  of  the  Legislature. — Under  Territorial  or- 
ganizations, the  legislative  assembly  met  annually  in  regular  session 
to  transact  such  business  as  the  needs  of  the  growing  population 
might  demand.  There  were  two  extra  sessions  called  during  Terri- 
torial times,  both  being  provided  for  by  acts  of  the  assembly  approved 
by  the  governor.  One  of  these  occurred  in  November,  1840,  and 
the  other  in  June,  1844.  Both  of  these  occurred  for  the  purpose  of 
redistrictng  the  Territory  so  as  better  to  apportion  the  members  of 
the  council  and  the  house  of  representatives  among  the  several  coun- 
ties of  the  Territory,  and  also  to  take  steps  for  a constitutional  conven- 
tion, as  statehood  was  recommended  by  the  governor.  In  Territorial 
days  the  census  was  taken  quite  frequently  and  at  irregular  times, 
and  in  both  of  these  cases  there  seemed  to  be  a necessity  to  reappor- 
tion before  the  next  assembly  was  chosen.  There  were,  therefore, 
eight  regular  sessions  of  the  Territorial  legislative  assembly  from  1838 
to  1846. 

25.  The  Boundary  Dispute  with  Missouri. — 
During  this  time  the  boundary  line  between  Missouri 
and  Iowa  became  a point  of  contest  between  the 
authorities  of  the  State  of  Missouri  and  of  the  Territory 
of  Iowa.  On  the  i8th  of  June,  1838,  Congress  took 
steps  to  settle  the  growing  controversy  by  passing  a 
law  to  have  the  southern  boundary  of  Iowa  ascertained 
and  marked.  This  act  provided  for  a boundary  com- 
missioner from  each  commonwealth,  and  one  from 
the  United  States.  Missouri  declined  to  be  repre- 


IOWA  TERRITORY 


51 


sented  upon  this  commission,  and  attempted  to  exer- 
cise jurisdiction  north  of  the  Indian  Boundary  Line, 
surveyed  and  marked  in  1816  by  John  C.  Sullivan,  by 
direction  of  the  surveyor-general  of  the  United  States, 
and  up  to  this  time  accepted  as  the  regularly  author- 
ized boundary  line  between  Iowa  and  Missouri.  The 
attempt  to  collect  taxes  north  of  this  line  in  Van 
Buren  county,  by  the  sheriff  of  Clark  county,  Mis- 
souri, precipitated  the  conflict.  Immediately  the 
Iowa  authorities  proposed  to  leave  the  adjustment  of 
the  controversy  to  Congress,  but  the  Missouri  authori- 
ties proposed  to  assert  the  rights  of  the  State  by 
armed  force. 

26.  The  Position  Taken  by  Iowa. — Governor 
Lucas  met  this  proposition  by  a rejoinder  that  this  was 
not  a controversy  between  a State  and  a Territory, 
but  between  Missouri  and  the  United  States,  and,  as 
a representative  of  the  latter,  he  would  hold  pos- 
session at  all  hazards  of  all  territory  north  of  the 
Sullivan  boundary  line,  and  see  to  it  that  citizens  of 
the  United  States  were  protected  in  their  rights,  and 
the  laws  faithfully  and  fully  executed.  To  this  end  he 
called  out  the  militia  of  the  Territory  to  aid  the  civil 
authorities  in  the  enforcement  of  law  and  order. 
Proclamations  were  issued  by  both  governors,  and  war 
seemed  to  be  promised  in  case  of  an  invasion  of  Iowa 
by  the  Missouri  militia;  and  anyone  acquainted  with 
the  character  of  Governor  Lucas  could  understand 
with  what  kind  of  a person  the  Missouri  claimants 
had  to  deal,  and  that  he  would  have  done  his  very 
best  to  carry  out  his  proclamation.  Seeing  the  firm 
stand  taken  by  Iowa,  and  surprised  at  the  position  of 


52 


HISTORY  OF  IOWA 


defense  assumed,  the  Missouri  authorities  allowed  the 
whole  matter  to  be  referred  to  the  United  States 
Supreme  Court,  by  whose  decision  all  the  territory 
claimed  by  Iowa  was  approved  December,  1848,  prov- 
ing the  justice  and  the  merit  of  the  claim  established 
and  maintained  by  Iowa’s  first  governor. 

27.  A Change  in  Administration. — The  year 
1 840  was  a time  of  great  political  excitement  in  the 
United  States  over  the  election  of  President;  even  the 
Territory  of  Iowa  was  much  aroused  and  large  interest 
was  the  consequence.  The  Democratic  party  had 
been  in  control  of  the  general  government  for  the  past 
twelve  years,  and,  by  virtue  of  custom  and  the  “spoils 
system,”  members  of  that  party  held  all  the  ap- 
pointive officers  of  the  Nation.  Governor  Lucas  and 
all  his  associates  were  therefore  Democrats,  and, 
with  a change  in  the  National  government  by  the 
election  of  William  Henry  Harrison  as  President  and 
John  Tyler  as  Vice-president,  a general  change  came 
in  all  the  offices,  from  secretary  of  state  in  the  Presi- 
dent’s cabinet  to  the  smallest  cross-road  postmaster. 
Although  President  Harrison  had  determined  to  re- 
move Governor  Lucas  and  his  associates,  and  had 
decided  to  appoint  John  Chambers,  of  Kentucky,  as 
Governor  of  Iowa  Territory,  yet  his  sudden  death 
brought  John  Tyler  to  the  presidency,  and  he  ap- 
pointed Chambers  as  governor,  March  25,  1841.  He 
entered  upon  his  duties  May  13,  1841. 

28.  The  Seat  of  Government  Moved. — On  the 
30th  day  of  April,  1841,  Governor  Lucas  issued  a 
proclamation  changing  the  capital  from  Burlington 
to  Iowa  City,  and  convening  the  legislature  on  the  first 


IOWA  TERRITORY 


53 


Monday  of  December,  1841.  Governor  Chambers 
accepted  this  conclusion,  and  moved  the  seat  of  govern- 
ment to  the  temporary  capitol  building  provided  by 
the  citizens  of  Iowa  City,  until  the  permanent  build- 
ings being  erected  should  be  completed.  Thus  Iowa 
City  became  the  permanent  capital  of  the  Territory 
and  the  temporary  capital  of  the  State. 

29.  The  Land  Claim  Laws. — The  United  States 
ilas  uniformly  prevented  the  White  man  from  invading 
*he  Indian  country  and  settling  upon  the  lands  pre- 
vious to  the  going  into  effect  of  a treaty.  There  was 
no  attempt  after  that  to  exclude  settlers,  but  no  right 
nor  title  to  lands  was  recognized  as  being  able  to  be 
secured  until  the  lands  were  surveyed  and  advertised 
for  sale  at  public  auction.  A pre-emption  or  exclusive 
right  to  purchase  public  lands  could  not  be  acquired 
until  after  the  lands  had  thus  been  offered  and  not  sold 
for  want  of  bidders.  Then,  and  not  until  then,  could 
an  occupant,  making  improvements  in  good  faith, 
acquire  a right  over  others  to  enter  the  land  at  a min- 
imum price  of  $1.25  per  acre.  The  claim  laws 
were  unknown  to  the  United  States  statutes  or  courts. 
They  originated  in  the  eternal  fitness  of  things,  and 
were  enforced,  probably,  as  belonging  to  that  class  of 
natural  rights  not  enumerated  in  the  constitution  and 
not  impaired  or  disparaged  by  its  enumeration. 

30.  Organization  of  the  Settlers. — The  settlers 
organized  in  every  settlement  prior  to  the  public-land 
sales,  appointed  officers,  and  adopted  their  own  rules 
and  regulations.  Each  man’s  claim  was  duly  ascer- 
tained and  recorded  by  the  secretary.  It  was  the 
duty  of  all  to  attend  the  sales.  The  secretary  bid  off 


54 


HISTORY  OF  IOWA 


the  land  of  each  settler  at  $1.25  an  acre.  The  others 
were  there  to  see,  first,  that  he  did  his  duty  and  bid  in 
the  land,  and,  secondly,  to  see  that  no  one  else  bid. 
This,  of  course,  sometimes  led  to  trouble,  but  it  saved 
the  excitement  of  competition  and  gave  a formality 
and  degree  of  order  and  regularity  to  the  proceedings 
that  would  not  otherwise  have  obtained.  As  far  as 
practicable,  the  Territorial  legislatures  recognized  the 
validity  of  these  4 "claims”  upon  the  public  lands,  and 
in  1839  passed  an  act  legalizing  their  sale  and  making 
their  transfer  a valid  consideration  to  support  a 
promise  to  pay  for  the  same.  (Acts  of  1843,  page 
456.)  The  Supreme  Territorial  Court  held  this  law 
valid.  (1.  Morris,  70.)  It  was  not,  therefore,  a per- 
sonally safe  business  for  speculators  or  new  residents  to 
attend  the  land  sales  and  offer  to  bid  in  the  lands 
offered  at  auction  as  the  laws  of  the  United  States  in- 
tended, and  the  original  squatters  obtained  the  lands 
thus  purchased  if  they  paid  the  nominal  price  of  $1.25 
allowed  by  law.  However,  many  were  never  able  to 
pay  for  their  lands,  and  soon  moved  on  to  make  new 
claims  where  the  surveys  were  not  yet  completed. 

QUESTIONS  AND  TOPICS. 

1.  What  is  an  organic  act?  Why  was  so  much 
power  granted  the  governor  ? What  is  a city  charter  ? 
Why  were  ferry  rights  and  other  grants  so  injurious  to 
the  public  ? 

2.  What  was  the  final  effect  upon  Iowa  of  this  con- 
troversy with  the  governor  ? What  is  4 "Home  Rule”  ? 

3.  What  is  an  extra  session  of  the  Legislature? 
How  called  ? 

4.  What  is  the  effect  of  a change  of  President  upon 
the  territories  and  public  offices  ? 


CHAPTER  IV 


STEPS  TO  STATEHOOD 

31.  The  Recommendation  of  the  Governor. — 
Governor  Lucas,  in  his  message  to  the  extra  session  of 
the  legislature,  in  1839,  recommended  that  the  neces- 
sary steps  be  taken  to  secure  the  admission  of  the  Ter- 
ritory to  the  Union  as  a State.  This  opinion  was  ap- 
proved by  a majority  of  that  legislature,  and  in  July, 
1840,  an  act  was  passed,  providing  for  a popular  ex- 
pression on  the  desirability  of  this  step.  At  the  Octo- 
ber elections  of  that  year,  a vote  was  taken  on  the  pro- 
position, resulting  in  the  people  rejecting  it  by  a large 
majority.  The  issue  turned  mainly  on  the  point  of 
expense,  it  being  supposed  that  a State  government 
would  be  more  costly  to  the  citizens,  since  the  Terri- 
torial government  was  in  part  maintained  by  the  Gen- 
eral government.  At  the  next  session  of  the  legisla- 
ture, in  1841-42,  a similar  act  was  passed,  and  this 
again  was  rejected  by  the  people  at  the  succeeding 
August  election.  Another  legislative  act  of  the  same 
nature  was  passed  February  12,  1844,  submitting  the 
question  to  the  people  at  the  ensuing  April  election. 
This  time  the  proposition  was  received  with  less  op- 
position, and  a majority  vote  favored  a constitutional 
convention  and  the  preparing  of  the  Territory  for  ap- 
plication to  be  admitted  to  the  Union. 

32.  The  First  Constitutional  Convention. — In 

pursuance  of  the  settled  policy  to  seek  statehood,  del- 

55 


56 


HISTORY  OF  IOWA 


egates  to  a constitutional  convention  were  elected  in 
August,  and  the  convention  assembled  in  Iowa  City, 
October  7,  1 844.  This  convention  agreed  upon  a con- 
stitution, and  submitted  the  same  to  Congress  for  ap- 
proval. This  was  at  a time  when  there  was  much 
controversy  in  the  United  States  Congress  over  the 
admission  of  States  to  the  Union,  since  every  new  State 
was  likely  to  disturb  the  balance  of  power  that  existed 
between  the  North  and  the  South,  between  slave  States 
and  free  States.  The  admission  of  Iowa  was  therefore 
resisted  by  the  South  because  it  would  become  a free 
State;  besides  the  proposed  area  was  too  large  to  suit 
certain  congressmen  from  the  North  who  were  desirous 
of  making  as  many  free  States  as  possible,  which  would 
soon  give  to  the  free  States  the  control  of  the  United 
States  Senate,  and  thus  restrict  the  slave  power  of  the 
South.  Through  these  two  causes  the  action  of  Con- 
gress was  delayed  until  March  3,  1845,  when  a com- 
promise was  made  and  a joint  bill  passed  admitting 
Florida  in  the  South  and  Iowa  in  the  North.  The  act  as 
passed  modified  the  boundaries  of  the  State  of  Iowa  sub- 
mitted by  the  first  constitutional  convention,  and  again 
aroused  controversies  that  delayed  the  actual  admis- 
sion of  Iowa  to  the  Union  until  December  28,  1846. 

33.  The  Iowa  Boundary  Question. — The  boun- 
daries of  the  proposed  new  State  of  Iowa  as  adopted 
by  the  first  constitutional  convention,  were  as  follows: 
4 ‘ Beginning  in  the  middle  of  the  main  channel  of  the 
Mississippi  river  opposite  the  mouth  of  the  Des  Moines 
river;  thence  up  the  said  river  Des  Moines,  in  the  mid- 
dle of  the  main  channel  thereof,  to  a point  where  it  is 
intersected  by  the  'Old  Indian  Boundary  Line,’  or 


STEPS  TO  STATEHOOD 


57 


the  line  run  by  John  C.  Sullivan  in  the  year  1816; 
thence  westwardly  along  said  line  to  the  ‘ Old  North- 
west Corner  of  Missouri; 9 thence  due  west  to  the 
middle  of  the  main  channel  of  Missouri  river;  thence 
up  the  middle  of  main  channel  of  the  river  last  men- 
tioned to  the  mouth  of  the  Sioux  or  Calumet  river; 
thence  in  a direct  line  to  the  middle  of  the  main  chan- 
nel of  the  St.  Peter’s  (Minnesota)  river,  where  the 
Watonwan  river  (according  to  Nicollet’s  map)  enters 
the  same;  thence  down  the  middle  of  the  main  chan- 
nel of  said  river  to  the  middle  of  the  main  channel  of 
the  Mississippi  river;  thence  down  the  middle  of  the 
main  channel  of  said  river  to  the  place  of  beginning.” 
'34.  The  Act  of  Congress. — The  change  made  by 
Congress  curtailed  the  proposed  constitutional  terri- 
tory on  the  west  by  selecting  the  meridian  drawn 
seventeen  degrees  and  thirty  minutes  west  of  the  meri- 
dian of  Washington,  as  the  western  boundary,  and 
leaving  the  others  as  already  determined.  This  gave 
a boundary  that  would  be  located  now  very  near  the 
present  boundary  between  Ringgold  and  Taylor  coun- 
ties on  the  south  and  Kossuth  and  Emmet  counties  on 
the  north. 

35.  The  View  of  the  People. — The  constitution 
as  amended  by  Congress  was  voted  upon  by  the  peo- 
ple at  the  following  April  election.  The  party  con- 
troversy became  most  intense  and  the  boundary 
question  was  the  principal  discussion,  though  there 
were  other  parts  of  the  constitution  that  were  regarded 
as  objectionable  to  large  numbers  of  electors.  The 
Whigs  mainly  insisted  on  rejecting  statehood  under 
these  conditions;  and  the  Democrats  asserted  that  a 


5» 


HISTORY  OF  IOWA 


change  of  boundaries  to  suit  the  Iowa  people  would 
not  be  conceded  by  Congress,  and  that  the  people 
should  be  satisfied  with  the  very  reasonable  reduction 
in  the  area  of  the  State  that  had  been  made.  Despite 
the  arguments  and  the  efforts  of  the  dominant  party, 
the  Democrats,  to  support  the  measure,  the  people 
rejected  the  constitution  by  a large  and  decisive  ma- 
jority, and,  for  the  present,  statehood  plans  were  sup- 
posed to  be  at  an  end. 

36.  The  Second  Attempt. — However,  the  Demo- 
crats still  had  control  of  the  legislature,  and  the 
reaction  against  statehood  being  supposed  to  have  sub- 
sided, they  again  in  May,  1845,  resubmitted  the  same 
constitution  to  the  people  at  the  August  election.  The 
governor,  a Whig,  vetoed  this  measure,  but  the  act 
was  quickly  passed  over  his  veto  and  the  campaign 
was  renewed  in  all  its  intensity.  The  Democrats  again 
favored  acceptance  and,  the  Whigs  again  opposed, 
claiming  that  a new  constitutional  convention  was  a 
necessity.  When  the  vote  was  counted,  the  proposed 
constitution  was  again  rejected  by  a decisive  majority. 
The  friends  of  statehood  were  therefore  compelled  to 
call  a new  convention,  as  the  politicians  of  national 
prominence  were  so  anxiously  waiting  for  the  offices 
of  the  new  state  that  the  question  could  not  be  dropped 
from  public  attention. 

37.  Other  Constitutional  Questions. — Although 
the  boundary  question  was  the  most  prominent  in  the 
party  controversies  concerning  statehood  in  1845,  yet 
there  were  other  points  in  the  constitution  that  were 
in  part  the  cause  of  its  rejection.  By  the  constitution 
of  1844,  all  incorporations  of  any  kind  were  dis- 


STEPS  TO  STATEHOOD 


59 


couraged  and  almost  prohibited.  Their  existence  was 
limited  to  twenty  years,  all  the  property  of  the  indi- 
vidual members  of  a corporation  was  liable  for  its 
debts.  The  legislature  had  the  power  to  repeal  any 
law  that  authorized  corporations  and  close  up  their 
business  at  any  time.  In  addition  it  was  stated  that 
‘ ‘ the  property  of  the  inhabitants  of  the  State  shall 
never  be  used  by  any  incorporated  company  without 
the  consent  of  the  owner.”  There  were  to  be  no 
banks  without  consent  of  the  people,  and  the  legisla- 
ture could  not  create  a banking  institution  nor  grant 
banking  privileges  unless  the  charter  and  all  its  provi- 
sions were  submitted  to  the  vote  of  the  people  at  a gen- 
eral election.  This  was  a plan  to  have  a State  bank 
with  branches,  if  ever  anything  was  to  be  done.  A 
large  number  of  the  business  men  of  the  Territory 
considered  these  constitutional  provisions  too  sweeping 
and  too  much  opposed  to  business  development  and 
prosperity,  and  hence  they  also  opposed  with  all  their 
power  a constitution  that  assumed  that  corporations, 
banking,  and  internal  improvements,  only  possible  by 
combinations  of  capital,  were  an  evil,  were  bad  public 
policy,  and  were  therefore  to  be  prohibited. 

38.  The  Opposition  to  Banks  and  Corporations. 
— The  constitution  of  1 844  was  in  harmony  with  the 
views  of  the  people  of  the  Territory  on  the  question  of 
banks  and  other  corporations.  The  Miner’s  Bank  at 
Dubuque  had  provoked  a great  deal  of  opposition,  and 
the  Territorial  legislature  had  compelled  it  to  close  up 
its  business  by  repealing  its  charter,  May  14,  1845,  at 
a time  when  the  Territory  was  its  debtor  for  con- 
siderable amount  of  borrowed  money.  Hostility  was 


6o 


HISTORY  OF  IOWA 


greatly  increased  by  the  people  being  swindled  by 
numerous  irresponsible  and  fraudulent  corporations. 
The  Democratic  party  was  the  supporter  of  all  this 
opposition  to  banks  and  other  corporations,  and,  being 
in  the  place  of  authority,  was  able  to  dictate  the  policy 
of  the  constitution.  The  same  ideas  prevailed  in  the 
constitution  of  1846.  This  one  principle  of  govern- 
ment alone  prevented  internal  improvements  such  as 
only  incorporated  companies  could  undertake,  and 
finally  led  to  a third  constitutional  convention  in  1857 
that  was  more  moderate  in  these  particulars,  and  that 
provided  means  for  such  organizations  of  capital,  with 
restrictions  and  liabilities,  that  business  men  and  cap- 
italists would  be  willing  to  organize  banks  and  other 
corporations. 

39.  The  Second  Constitutional  Convention. — 
The  constitution  of  1844  having  been  twice  rejected 
by  the  Iowa  people  at  the  polls,  it  became  necessary 
to  bring  about  some  compromise  that  would  be  accept- 
able alike  to  the  people  of  the  Territory  and  the  Con- 
gress of  the  United  States.  It  was  evident  from  the 
debate  in  Congress  at  the  time  of  the  vote  to  admit 
Iowa,  March  3,  1845,  that  Congress  would  never  con- 
sent to  admit  the  Territory  as  a State  with  such  a large 
area,  and  it  was  also  evident  that  the  people  of  Iowa 
were  united  on  the  point  that  the  western  boundary 
must  be  the  Missouri  river.  In  1845  great  navigable 
rivers  were  of  large  importance  in  commerce,  and  to 
have  on  the  borders  of  a State  two  such  rivers  as  the 
Mississippi  and  the  Missouri  was  considered  as  posi- 
tively determining  the  future  commercial  prosperity  of 
its  people.  Today,  while  great  water-ways  are  still 


STEPS  TO  STATEHOOD 


61 


valuable,  yet,  since  the  advent  of  railways,  they  do 
not  have  the  importance  that  belonged  to  them  at  the 
time  under  consideration.  To  adjust  these  matters, 
and  get  the  question  again  before  Congress,  the  legis- 
lature provided  for  a second  constitutional  convention, 
to  meet  at  Iowa  City,  May  4,  1846. 

40.  The  Result  of  the  Work. — This  convention 
assembled  at  the  appointed  time  and  rapidly  com- 
pleted its  work,  as  it  readopted  the  most  of  the  consti- 
tution of  1844.  It  took  positive  action  against  banks 
by  prohibiting  them  altogether,  and  it  modified  the 
former  proposition  regarding  corporations  by  prohibit- 
ing the  legislature  organizing  any  corporation  by 
special  acts,  but  authorizing  general  laws  to  be  passed 
that  would  permit  necessary  and  beneficial  corpora- 
tions to  be  organized  and  conducted.  The  boundary 
dispute  was  compromised  by  placing  the  western 
boundary  at  the  Missouri  and  the  northern  boundary 
at  the  parallel  of  north  latitude  forty-three  degrees, 
thirty  minutes.  This  convention  completed  its 
assigned  duty,  May  19,  1846,  its  work  was  approved 
by  the  people  at  a popular  election,  August  3,  1846, 
the  change  in  boundaries  was  accepted  by  Congress, 
August  4,  1846,  and  Congress  admitted  the  Territory 
of  Iowa  with  the  new  boundaries  as  a State,  December 
28,  1846,  thus  closing  one  of  the  most  memorable 
contests  of  its  kind  that  ever  occurred  in  the  history 
of  the  United  States  of  America. 

41.  The  Hard  Times. — The  financial  trouble  of 
1837,  which  produced  financial  ruin  in  older  States, 
drove  many  families  into  the  wilderness  because  they 
had  not  the  means  to  pay  for  their  lands.  Following 


62 


HISTORY  OF  IOWA 


the  wake  of  the  settler  was  the  army  of  money  lend- 
ers, who  knew  no  mercy  nor  limit  except  what  they 
could  get  from  desperate  necessities.  The  legisla- 
ture of  1843  attempted  to  place  a limit  by  fixing  ten 
per  cent,  as  the  legal  contract  rate  of  interest.  But  it 
was  easy  to  evade  the  law.  There  was  nothing  to 
compel  the  usurer  to  loan  money  at  ten  per  cent. , nor 
was  there  anything  to  prevent  his  entering  the  land  by 
the  consent  of  the  settler,  with  an  agreement  to  con- 
vey it  upon  the  payment  of  an  amount  of  money 
equal  to  the  entrance  money  and  forty  per  cent. 
Neither  was  it  easy  for  the  settler  to  earn  the  money 
to  redeem  his  land.  However  fertile  the  soil,  how- 
ever industrious  the  toiler,  yet  without  market  for  his 
produce  it  was  hard  to  accumulate  money.  These 
were  days  of  sadness  and  distress.  Wheat  was  hauled 
one  hundred  miles  and  sold  for  thirty-seven  and  one- 
half  cents  per  bushel,  corn  and  oats  brought  six  to  ten 
cents  a bushel,  pork  sold  at  one  dollar  per  hundred, 
and  the  best  horses  sold  for  fifty  dollars.  Nearly  all 
were  in  debt,  and  the  sheriff  and  the  constable  were 
the  most  frequent  visitors  at  almost  every  man’s  door. 
It  is  not  possible  to  do  justice  to  the  sacrifices  and  the 
hardships  of  these  times.  To  develop  a new  country 
from  a wilderness  to  a place  for  civilization  is  always 
hard  enough  under  favorable  conditions;  but  to  expe- 
rience what  the  early  Iowa  settler  was  compelled  to 
endure  in  these  hard  times  must  be  left  largely  to  the 
imagination  of  the  reader,  and  then  it  is  very  doubtful 
whether  his  most  pathetic  conception  can  equal  the 
sacrifices,  the  hardships,  and  the  struggles  of  the  first 
Iowa  settlers. 


CHAPTER  V 


THE  DEMOCRATIC  PERIOD  OF  STATE  CONTROL:  1846-1854 

42.  The  First  Steps. — After  the  people  ratified 
the  proposed  constitution  at  a popular  election  and 
Congress  had  accepted  the  change  in  boundaries,  ar- 
rangements began  to  be  made  to  provide  for  a change 
from  the  Territorial  to  the  State  government.  To  ac- 
complish and  have  everything  ready  as  soon  as  Con- 
gress should  pass  the  act  of  admission  as  a State,  Gov- 
ernor James  Clark  issued  a proclamation  stating  the 
facts  and  appointing  October  26,  1846,  as  the  time  to 
elect  State  officers  and  members  of  the  general  as- 
sembly. 

43.  The  Importance  of  the  First  State  Election. 
— This  was  a most  important  and  interesting  election, 
because  the  recent  political  controversies  had  some- 
what unsettled  the  political  parties,  and  because  the 
coming  general  assembly  would  have  the  privilege  of 
choosing  the  United  States  senators  and  three  supreme 
judges;  and  the  most  prominent  politicians  of  both  the 
Whig  and  Democratic  parties  were  anxious  not  only  to 
secure  these  offices,  but  also  to  control  the  destinies  of 
the  young  and  prosperous  State.  The  election  returns 
proved  that  the  Democrats  were  in  the  majority,  not- 
withstanding the  party  controversies,  and  had  elected 
the  governor,  Ansel  Briggs,  and  other  State  officers; 
but  there  was  still  much  cause  for  anxiety,  because  dis- 
sensions over  local  matters  had  deprived  the  dominant 

63 


64 


HISTORY  OF  IOWA 


ANSEE  BRIGGS,  FIRST  GOVERNOR  OF  THE  STATE  OF  IOWA. 


THE  DEMOCRATIC  PERIOD  OF  STATE  CONTROL  65 

party  of  certain  representatives  that  were  essential  to 
the  election  of  United  States  senators  and  supreme 
judges,  and  had  resulted  in  electing  other  persons, 
whose  position  on  party  questions  was  not  certainly  to 
be  depended  upon  at  the  meeting  of  the  General  As- 
sembly. 

44.  The  First  Deadlock. — Lee  county  broke  the 
party  traditions  on  local  issues  (on  account  of  legal 
difficulties  over  the  Half-breed  Tract),  and  chose  inde- 
pendent representatives,  while  the  Democrats  were 
outwitted  by  the  Whigs  in  Des  Moines  county  and  de- 
feated at  the  polls.  Shortly  before  the  day  of  elec- 
tion, certain  wealthy  Whigs  employed  enough  Demo- 
cratic voters  and  sent  them  out  into  the  country,  at 
extravagant  wages,  to  drive  hogs  to  market,  a common 
occupation  at  that  time,  and  although  there  were  no 
hogs  to  bring  in  from  the  remote  points  to  which  they 
were  sent,  their  absence  gave  the  Whigs  the  majority, 
and  they  thus  accomplished  by  stratagem  what  they 
were  not  able  to  secure  at  the  polls  with  a full  vote. 
These  two  events  helped  make  the  first  political 
deadlock  known  to  Iowa,  and  prevented  the  State 
of  Iowa  from  having  her  lawful  representatives  in  the 
United  States  Senate. 

45.  The  Balance  of  Power. — On  the  assembling 
of  the  members  of  the  first  State  legislative  body,  cer- 
tain designing  politicians,  who  were  not  directly  iden- 
tified with  either  of  the  two  great  parties,  became  the 
balance  of  power  between  the  opposing  factions,  and 
proposed  to  dictate  the  election  of  United  States  sena- 
tors and  also  supreme  judges.  Jonathan  McCarty,  a 
resident  of  the  Half-breed  Tract  and  a citizen  of 


66 


HISTORY  OF  IOWA 


Lee  county,  had  formerly  been  a Democratic  repre- 
sentative in  Congress  from  Indiana.  Abandoning  his 
party  in  the  great  political  excitement  of  1840,  he  be- 
came the  head  of  the  Whig  electoral  ticket  of  Indiana 
for  General  Harrison.  The  Whigs  having  fallen  into 
minority  in  Indiana  and  McCarty  having  thus  lost  his 
influence  he  came  to  Iowa,  and  was  ready  to  accom- 
modate his  political  creed  to  whatever  party  would 
promote  his  individual  interests.  Being  elected  from 
Lee  county  under  these  circumstances,  he  thought  he 
saw  a chance  to  be  elected  United  States  senator  by 
the  general  assembly,  and,  having  the  support  of  those 
who  controlled  the  balance  of  power,  announced  his 
candidacy.  His  ticket  was  derisively  named  the‘  ‘ pos- 
sum ticket,  ” and  the  members  who  supported  him  were 
known  as  “ possum  ” members.  During  the  election- 
eering and  political  excitement  connected  with  the  pro- 
posed election  of  United  States  senators,  a member, 
Nelson  King,  made  the  charge  of  an  attempt  to  bribe 
him  to  secure  his  vote  for  the  Democratic  candidates, 
A.  C.  Dodge  and  J.  C.  Hall. 

46.  The  First  Legislative  Investigation. — This 
charge  led  to  an  extended  investigation,  in  which  noth- 
ing was  satisfactorily  proven,  but  on  account  of  the  tie 
between  the  Democrats  and  Whigs  and  the  hostilities 
that  thus  were  developed,  no  election  resulted  and  the 
legislature  adjourned,  but  not  without  having  actually 
transacted  business  worthy  of  mention.  Iowa  was 
not  represented  in  the  Senate  of  the  United  States 
for  the  first  two  years  of  her  statehood.  After 
the  adjournment  of  the  general  assembly,  the  gov- 
ernor appointed  the  judges  of  the  supreme  court, 


THE  DEMOCRATIC  PERIOD  OF  STATE  CONTROL  67 

and  started,  by  so  doing,  this  department  of  the  State 
government. 

47.  The  Financial  Condition. — The  first  General 
Assembly  found  the  new  State  government  in  debt  for 
Territorial  expenditures  by  $26,000,  and  with  no  pro- 
vision for  payment.  The  members  of  the  constitu- 
tional convention  had  not  been  paid,  and  there  was  no 
money  to  pay  the  salaries  of  the  new  State  officers  or 
the  General  Assembly.  To  meet  these  emergencies,  a 
loan  of  $50,000  was  authorized,  and  at  once  half  the 
possible  constitutional  indebtedness  was  contracted. 
By  this  means,  the  new  State  was  started  on  the  high 
road  to  honor  and  prosperity. 

48.  The  Temperance  Movement. — At  this  time 
also  great  efforts  were  made  throughout  the  State  for 
temperance  reform.  Previous  to  this  time,  the  coun- 
ties had  been  authorized  to  grant  licenses  for  the  re- 
tailing of  intoxicating  liquors.  Petitions  were  sent  to 
this  first  general  assembly  from  every  part  of  the  State 
asking  that  some  steps  be  taken  to  suppress  intemper- 
ance. The  reply  to  these  petitions  of  the  people  by 
the  Assembly  was  in  the  shape  of  an  act  requiring  the 
voters,  at  the  next  April  election,  to  express  an  opinion 
on  the  propriety  and  necessity  of  licensing  retailers  of 
intoxicating  liquors.  The  result  of  this  test  of 
public  sentiment  proved  that  every  county  in  the 
State  but  two  was  opposed  to  the  licensing  of  liquor 
sellers.  By  this  vote,  as  provided  by  the  law,  the 
liquor  traffic  was  to  be  suppressed  in  the  counties  that 
voted  against  license.  But  the  anticipated  effect  was 
not  realized,  much  to  the  disappointment  of  the  friends 
of  temperance  reform,  as  a surreptitious  traffic 


68 


HISTORY  OF  IOWA 


sprang  up  that  was  difficult  to  stop,  and,  despite 
the  large  majority,  the  law  began  to  grow  unpopular 
and  intemperance  seemed  to  be  continually  increas- 
ing instead  of  being  abolished,  as  the  vote  indicated. 
After  various  modifications,  the  struggle  for  law  and 
order  and  temperance  has  been  going  on  with  the 
people  of  Iowa  ever  since  these  early  days,  as  the 
majority  of  the  voters  have  always  desired  the  anni- 
hilation of  the  liquor  traffic. 

49.  School  Legislation. — This  general  assembly 
also  accomplished  some  school  legislation,  but  through 
technical  irregularities  these  laws  were  set  aside  by  the 
supreme  court.  The  provisions  of  the  law  included 
the  election  of  superintendent  of  public  instruction  by 
the  people  on  the  first  Monday  of  April,  and  also  the 
election  of  school  directors  on  the  second  Monday  of 
April.  To  make  this  law  immediately  effective,  the 
assembly  provided  that  4 ‘ this  act  shall  take  effect  and 
be  in  force  from  and  after  its  publication.”  The  con- 
stitution of  the  State  said  that  ‘ ‘ no  law  of  the  general 
assembly  of  a public  nature  shall  be  in  force  until  the 
same  shall  be  published  and  circulated  in  the  several 
counties  of  the  State  by  authority.  If  the  general  as- 
sembly shall  deem  any  law  of  immediate  importance, 
it  may  provide  that  the  same  shall  take  effect  by  pub- 
lication in  newspapers  in  the  State.  M Since  the  pub- 
lication clause  of  the  act  did  not  state  that  the  act 
would  go  into  effect  by  being  published  in  the  news- 
papers, the  supreme  court  decided  that  the  secretary 
of  state  had  no  authority  to  publish  the  act  in  the 
newspapers  and  then  distribute  it  to  the  several  coun- 
ties of  the  State,  that  there  was  therefore  no  law,  and 


THE  DEMOCRATIC  PERIOD  OF  STATE  CONTROL  69 

that  the  school  directors  elected  under  said  law  were 
not  authorized  to  act. 

50.  The  First  Special  Session. — The  decision  of 
the  supreme  court  regarding  the  school  laws  provoked 
a large  demand  for  something  to  be  done  by  the  State 
to  make  schools  and  education  by  public  authority  a 
legal  possibility.  To  remedy  this,  the  Governor  was 
petitioned  to  call  a special  session  of  the  General  As- 
sembly. The  Democratic  politicians  also  desired  a 
special  session  for  another  purpose,  as  they  had  reason 
to  think  that  death  had  broken  the  deadlock,  and 
that  with  the  new  member  elected  to  fill  the  vacancy, 
they  could  now  elect  United  States  senators  and 
supreme  judges.  Taking  these  two  things  together, 
Governor  Briggs  was  easily  induced  to  call  a special 
session  to  begin  the  first  Monday  of  January,  1848. 
So  far  as  the  election  of  United  States  senators  and 
supreme  judges  was  concerned,  the  plan  of  the  Demo- 
crats failed,  as  the  Whigs  were  able  to  prevent  a joint 
convention  being  held,  and  hence  official  matters  re- 
mained another  year  just  as  they  were.  At  this  sea- 
son, however,  some  legislation  took  place  that  had 
marked  effect  upon  the  future  of  the  State.  An  act 
was  passed  providing  for  a revision  of  the  laws  of  the 
State,  and  commissioners  were  appointed  to  revise  and 
prepare  a code  of  laws.  From  this  came  the  first  au- 
thorized collection  of  statutes,  known  as  the  “Code 
of  1851.” 

Extra  sessions  of  the  State  legislature  have  occurred  in  1848,  1856, 
1861,  1862,  1897.  These  were  called  by  the  governor  under  the 
authority  granted  by  the  constitution.  In  1873,  an  adjourned  session 
of  the  general  assembly  occurred  for  the  purpose  of  revising  the  code. 

The  first  extra  session,  held  in  1848,  was  specially  called  to  elect 


76 


HISTORY  OF  IOWA 


United  States  senators  and  State  supreme  judges.  The  second  extra 
session  of  the  assembly  was  called  by  Governor  Grimes  in  1856.  It 
met  July  2,  and  adjourned  July  16.  It  was  called  for  the  purpose  of 
disposing  of  the  land  grants  made  by  the  General  government  for 
railroad  construction  and  development. 

The  third  extra  session  was  called  by  Governor  Kirkwood,  May 
15,  1861.  It  was  called  for  the  purpose  of  making  provision  for 
borrowing  $800,000  for  defense,  and  for  raising  regiments  of  soldiers 
for  the  Union  army.  The  session  lasted  two  weeks. 

The  fourth  extra  session  was  called  by  Governor  Kirkwood,  Sep- 
tember 3,  1862,  and  adjourned  in  a week.  The  real  object  of  this 
session  was  to  provide  means  by  which  the  Iowa  soldier  could  cast 
his  vote  while  he  was  at  the  front,  assisting  in  putting  down  the 
Rebellion. 

The  adjourned  session  of  1873  was  not,  technically  speaking,  an 
extra  session,  as  it  was  not  called  by  the  governor.  It  met  to  codify 
the  law,  and  gave  to  the  State  the  Code  of  1873. 

The  fifth  extra  session  was  called  by  Governor  Drake,  January 
19,  1897,  for  the  purpose  of  revising  the  code  and  harmonizing  the 
laws  of  the  State,  and  of  providing  for  the  rebuilding  of  certain 
State  institutions  that  had  been  burned,  as  well  as  providing  a general 
law  for  such  future  contingencies  and  catastrophies. 

5 I . Railroad  Agitation  and  its  Effect. — During 
this  special  session  of  the  general  assembly,  the  excite- 
ment concerning  railroad  enterprises  struck  Iowa,  and 
the  greatest  interest  and  enthusiasm  prevailed.  A 
public  convention  was  held  at  Iowa  City,  which  was 
largely  attended,  considering  the  means  of  transporta- 
tion at  that  time.  Two  projected  roads  were  consid- 
ered, one  from  Davenport  via  Iowa  City  to  Des 
Moines  and  Council  Bluffs,  and  another  from  Dubuque 
via  Iowa  City  to  Keokuk.  To  aid  in  these  popular 
enterprises,  the  general  assembly  memorialized  Con- 
gress for  a grant  of  public  lands,  consisting  of  alter- 
nate sections  for  a distance  of  five  miles  on  each  side 
of  the  proposed  railroads,  to  help  develop  and  con- 
struct the  roads.  Those  most  active  in  the  whole 


THE  DEMOCRATIC  PERIOD  OF  STATE  CONTROL  7 1 

matter  at  first  were  seeking  political  preferment  rather 
than  the  building  of  railroads,  and  they  took  this  plan 
to  get  the  public  attention  to  their  large  and  disinter- 
ested motives,  but  they  built  better  than  they  knew  or 
intended,  as  the  public  mind  was  caught  and  aroused 
thereby,  and  railroad  building  became  very  soon  ready 
for  the  projector,  the  capitalist,  and  the  surveyor,  and 
was  closely  followed  by  actual  construction. 

52.  The  Election  of  1848. — The  year  1848  gave 
Iowa  plenty  of  political  interest  and  activity.  There 
were  two  elections,  one  in  August  to  elect  two  mem- 
bers of  Congress,  the  State  officers,  and  the  members 
of  the  legislature;  and  one  in  November  to  choose 
electors  for  President  and  Vice-president,  Lewis  Cass 
and  Zachary  Taylor  being  the  National  candidates  of 
the  democratic  and  whig  parties.  The  contest  was 
regarded  as  close,  and  both  parties  were  awake  to  the 
necessities  of  the  times.  The  ‘ deadlock * of  the 
first  General  Assembly  had  intensified  the  strife,  as  it 
gave  both  parties  a reasonable  hope  that  effort  might 
bring  victory.  Such  being  the  case,  no  lack  of  enter- 
prise or  enthusiasm  was  known  to  exist.  Everything 
stopped  that  the  canvass  might  be  properly  made  and 
the  issues  properly  discussed. 

53.  The  Mormon  Vote. — Just  at  this  time  there 
was  a large  settlement  of  Mormons  who  had  taken  up 
their  residence  in  Iowa,  outside  of  an  authorized 
county.  Their  location  was  at  Kanesville,  now  Coun- 
cil Bluffs.  Their  vote,  being  represented  as  from 
eight  hundred  to  one  thousand,  was  a matter  of  great 
consideration.  On  account  of  religious  controversies, 
they  had  abandoned  Illinois  and  had  become  in- 


72 


HISTORY  OF  IOWA 


different  to  politics,  and  desired  to  keep  outside  of  the 
pale  of  modern  civilization,  with  which  they  had  so 
little  in  common.  By  their  help,  the  Whigs  could 
carry  the  first  congressional  district,  and  probably  the 
State,  and  the  election  of  Whig  candidates  in  the  west- 
ern part  of  the  State  would  in  all  probability  give  the 
Whigs  a majority  in  the  legislature.  There  were  per- 
sonal and  religious  reasons  why  the  Mormons  would  be 
likely  to  support  the  Whig  ticket,  and  hence  this  crisis 
of  affairs  greatly  disturbed  the  Democrats.  They  had, 
however,  control  of  the  State  government,  and  by  that 
means  delayed  the  organization  of  the  new  (Pottawat- 
tamie) county,  to  prevent  such  a possibility  occurring. 
To  meet  this  opposition  to  the  carrying  out  of  popular 
government,  the  Whigs  had  Monroe  county  organize 
a township  at  Kanesville  for  the  assumed  election  of 
justices  of  the  peace,  and  thus  obtained  the  vote  of 
that  part  of  Iowa  for  the  adherents  to  the  Whig  ticket. 
Greatly  to  their  surprise,  after  victory  was  thus  cer- 
tainly assured,  the  clerk  of  Monroe  county  declined  to 
receive  the  poll  books  and  returns  from  Kanesville  on 
the  ground  that  Monroe  county  had  no  right  to  organize 
the  township,  and  the  Mormon  vote  was  not  counted 
— thus  making  the  Democratic  party  successful  in 
electing  the  State,  congressional,  and  electoral  tickets. 
Great  was  the  rejoicing  over  this  narrow  escape  from 
defeat,  and,  through  the  act  of  this  one  officer,  several 
names  are  now  more  prominent  in  Iowa  political  his- 
tory, while  the  clerk’s  name  and  deed  are  practically 
forgotten. 

54.  The  Second  General  Assembly  (1848). — 
The  first  act  of  the  second  general  assembly  was  the 


THE  DEMOCRATIC  PERIOD  OF  STATE  CONTROL  73 

election  of  United  States  senators.  December  2,  1848, 
Augustus  C.  Dodge,  of  Burlington,  and  George  W. 
Jones,  of  Dubuque,  were  chosen  to  these  most  impor- 
tant positions.  On  the  26th  of  December,  they  took 
their  seats  in  the  United  States  Senate  at  Washington, 
D.  C.  In  accordance  with  custom,  they  drew  lots  to 
see  which  one  would  have  the  long  term  and  which 
one  the  short  term.  Senator  Dodge  drew  the  short 
term,  expiring  March  4,  1849.  As  soon  as  the  gen- 
eral assembly  learned  this,  a second  joint  convention 
was  held,  and  Senator  Dodge  was  re-elected  for  the 
coming  six  years  without  opposition. 


QUESTIONS  AND  TOPICS. 

1 . How  does  a territory  become  a State  ? What  is 
a constitutional  convention  ? Rights  of  congress  as 
to  boundaries  of  new  States  ? Rights  of  the  people  as 
to  admission  to  the  Union? 

2.  Why  were  the  people  opposed  to  banks  and  cor- 
porations ? 

3.  What  was  the  effect  of  the  hard  times  ? 

4.  How  is  a State  election  conducted  ! What  were 
the  great  political  parties  at  this  time  ? In  what  did 
they  differ  ? 

5.  What  were  the  temperance  views  of  the  Iowa 
people  at  the  beginning  ? 

6.  Who  were  the  Mormons  ? Give  a brief  account 
of  them  ? 


CHAPTER  VI 


THE  TRANSITION  PERIOD  IN  ORGANIZATION  AND  LEGIS- 
LATION: 1854-1857 

55.  A Period  of  Organization. — The  times  rep- 
resented by  1848  to  1857  were  devoted  to  the  work  of 
organizing,  developing,  and  establishing  the  new  State. 
These  were  great  years  for  emigration.  Large  dele- 
gations from  the  States  east  as  well  as  from  foreign 
countries  came  and  rapidly  filled  up  the  vacant  prair- 
ies. These  settlers  were  ambitious,  enterprising,  pro- 
gressive young  people,  anxious  to  make  a place  for 
themselves  in  the  world,  and  ready  to  perform  the 
necessary  labor  to  accomplish  the  desired  end.  The 
constitution  interfered  with  internal  improvements 
by  its  restrictions  concerning  the  organization  and 
management  of  corporations,  while  the  entire  prohi- 
bition of  banks  gave  the  State  a currency  obtained 
from  other  States,  that  was  as  fradulent  and  as 
treacherous  as  anything  could  be.  Iowa  became  the 
place  in  which  to  unload  all  this  worthless  currency  of 
neighboring  States,  and  there  was  no  means  of  defense, 
as  there  were  no  banks  of  her  own  to  which  her 
citizens  could  come  for  relief.  These  days  had  been 
speculation-wild,  and  with  the  financial  crisis  of  1857, 
large  numbers  of  the  banks  failed,  and  the  holders  of 
this  worthless  currency  found  themselves  to  be  great 
losers.  One  other  thing  added  to  the  general  distress; 

there  being  no  banks  in  the  ordinary  sense,  and  as  the 

74, 


THE  TRANSITION  PERIOD  IN  ORGANIZATION  75 


people  had  to  do  business  in  some  way,  a large  number 
of  firms  became  in  fact  private  banks,  and  had  large 
credits  from  the  people.  With  the  stress  of  the  times, 
these  business  houses  were  many  of  them  compelled 
to  close  up  and  were  bankrupt,  so  that  very  hard 
times  came  upon  the  people. 

56.  The  Economical  Management  of  These 
Times. — The  State  government  was  started  on  an 
economical  basis;  no  office-holder  was  privileged  to 
get  wealth  at  the  expense  of  the  people.  The  mem- 
bers of  the  general  assembly  received  each  two  dollars 
a day  for  the  first  fifty  days  of  the  session,  and  one 
dollar  a day  thereafter.  The  sessions  were  to  be 
biennial,  not  annual  as  in  Territorial  times.  The 
salaries  of  the  state  officers  were  limited  for  the  first 
ten  years  as  follows:  Governor,  $1,000  per  annum; 
secretary  of  state,  $500;  treasurer  of  state,  $400; 
auditor  of  state,  $600;  judges  of  supreme  court, 
$1,000  each.  Judging  from  the  history  of  these  days 
and  the  talent  that  filled  the  public  offices,  there  does 
not  seem  to  have  been  any  discouragement  to  the  best 
talent  seeking  these  positions.  During  the  first  ten 
years  of  the  State’s  history,  none  of  these  officers 
were  ever  known  to  receive  bribes  or  to  steal  one 
dollar  of  the  public  money.  At  the  time  of  the 
organization  of  the  State,  the  population  of  the 
State  was  determined,  by  the  census  of  1847,  have 
been  116,651. 

57.  The  Spirit  of  Speculation. — The  result  of 
so  much  land  for  purchase,  and  the  proposed  devel- 
opment of  so  many  railroads,  led  to  a spirit  of 
speculation  that  was  very  prevalent  in  1856.  One 


76 


HISTORY  OF  IOWA 


of  the  most  injurious  effects  came  from  the  pur- 
chase and  entry  of  great  bodies  of  government  land 
within  the  State  by  non-residents.  This  land  was 
held  for  speculation  and  placed  beyond  the  reach  of 
actual  settlers  for  many  years.  From  no  other  one 
cause  did  Iowa  suffer  more  than  this  short-sighted 
policy  of  the  Federal  government  in  selling  lands 
within  her  borders,  as  the  speculators  profited  by  the 
settlers’  labor  and  enterprise,  and  simply  waited  the 
time  to  come  when  they  could  sell  their  investments 
at  a greatly  increased  price.  The  National  economy 
of  statesmen  should  have  been  more  to  develop 
"homes  for  men  and  the  seats  of  empire,”  rather 
than  to  increase  the  wealth  of  the  speculator  who  had 
no  interest  in  the  welfare  of  the  State.  A single 
regiment  of  Iowa  men  in  1861  was  worth  more  to  the 
Nation  than  all  the  money  the  government  ever 
obtained  from  the  toil  and  sweat  of  the  settlers  in  the 
era  of  speculation.  The  crash  of  1857  put  a stop  to 
this  speculation,  and  the  taxes  imposed  upon  the  non- 
resident in  building  school  houses  and  other  public 
buildings  made  the  business  of  land-holding  even  as  a 
speculation  an  undesirable  investment. 

58.  The  State  University  of  Iowa. — The  second 
general  assembly  also  decided  to  establish  a State 
university,  and,  to  insure  its  support,  to  dispose  of 
the  two  townships  of  land  given  by  Congress  for  that 
purpose.  The  main  institution  was  located  at  Iowa 
City.  One  branch  was  to  be  at  Dubuque  and  one  at 
Fairfield,  while  normal  schools  were  also  to  be  estab- 
lished at  Andrew,  Oskaloosa,  and  Mt.  Pleasant,  res- 
pectively. It  is  probable  that  no  other  kind  of  a 


THE  TRANSITION  PERIOD  IN  ORGANIZATION  77 


founding  act  could  have  been  passed,  since  self-interest 
had  to  be  more  or  less  consulted,  and  by  this  arrange- 
ment every  part  of  the  State  considered  that  its  local 
interests  had  been  carefully  and  conscientiously 
regarded.  There  was  a consequent  delay  in  carrying 
out  this  legislative  plan  for  higher  education,  but  the 
people  were  thus  preliminarily  educated  for  what  was 
afterward  to  follow.  Oskaloosa  and  Andrew  erected 
buildings,  and  local  interest  began  to  get  ready  for  the 
opening  of  the  schools,  but  in  the  meantime  better 
counsels  prevailed,  this  policy  of  scattering  the  schools 
was  repealed,  and  all  the  funds  were  applied  to  the 
main  institution  at  Iowa  City. 

59.  School  Legislation. — Under  the  developed 
conditions  and  the  increase  of  population,  the  State 
had  outgrown  the  school  system  that  had  been  pro- 
vided, and  the  public  demand  became  quite  general 
for  a more  useful  system  of  organization.  This 
reached  such  a condition  that  in  1853  a law  was 
passed  extending  the  power  of  the  school  districts 
and  increasing  the  influence  of  education  among  the 
people.  The  city  of  Muscatine  led  in  this  movement. 
George  B.  Dennison,  then  principal  of  schools  in  that 
city,  prepared  a bill  specially  for  that  school  district 
and  asked  that  a charter  be  given  Muscatine  with 
these  powers.  The  proposed  law  was  so  well  put  and 
so  happily  prepared  that  instead  of  giving  it  to  Mus- 
catine alone,  it  was  passed  as  a general  law  for  the 
entire  State.  These  were  the  first  provisions  for  pub- 
lic schools  in  Iowa,  yet  they  were  not  yet  free  schools. 
In  May,  1851,  the  first  graded  school  in  Iowa  was 
opened  at  Muscatine.  The  rate  system  prevailed,  and 


78 


HISTORY  OF  IOWA 


people  paid  tuition  for  the  support  of  the  teacher,  and 
cooperation  among  the  people  in  the  maintenance  of 
schools  had  yet  only  gone  as  far  as  the  building  of 
school  houses.  December  9,  1854,  Governor  Grimes 
in  his  message  recommended  the  adoption  of  the  tax 
system,  whereby  teachers  and  contingent  expenses 
were  to  be  paid  by  a tax  levied  upon  the  assessed 
property  of  the  districts.  While  his  suggestions 
received  large  attention,  and  were  considered  with 
much  favor,  yet  this  plan  was  not  adopted  and  did 
not  take  effect  until  1857,  at  the  close  of  Governor 
Grimes'  administration — the  time  of  the  beginning  of 
the  school  system  at  present  prevailing  in  the  State  of 
Iowa. 

60.  The  Hungarians  in  Iowa. — Previous  to  1859, 
civil  war  had  been  in  progress  in  the  province  of  Hun- 
gary, under  the  leadership  of  Louis  Kossuth.  The 
Hungarians  made  great  effort  to  throw  off  the  Austrian 
yoke  and  establish  a free  government.  The  people  of 
the  United  States  watched  this  struggle  with  a great 
deal  of  solicitude.  When  Austria,  with  the  help  of 
Russia,  succeeded  in  subduing  the  rebellion,  many  of 
the  Hungarians  were  compelled  to  flee  from  their 
country.  A large  party  of  these  refugees,  escaping 
from  the  vengeance  of  the  Austrian  government,  came 
to  the  United  States  and  settled  in  Iowa,  on  Grand 
river,  in  the  southern  part  of  Decatur  county.  From 
the  number  that  came  there,  it  was  supposed  that  they 
would  build  a large  town  and  establish  an  extensive 
settlement.  Always  in  sympathy  with  the  oppressed, 
the  people  of  Iowa  gave  them  a hearty  welcome,  and 
the  general  assembly  adopted  a memorial  to  Congress 


THE  TRANSITION  PERIOD  IN  ORGANIZATION  79 


to  have  the  United  States  make  a donation  of  public 
lands  for  their  benefit,  and  thus  give  them  a home  with 
the  hospitable  welcome  already  accorded.  The  pros- 
pects for  this  being  done  were  excellent,  as  the  Presi- 
dent witheld  the  lands  from  sale,  but  the  winter  that 
followed  was  so  much  colder  than  they  were  accus- 
tomed to  in  their  native  country,  and  besides  since 
they  were  by  occupation  accustomed  chiefly  to  grape 
culture,  they  became  discouraged  and  abandoned  the 
Iowa  settlement,  and  removed  to  Texas. 

61.  The  Great  Seals  of  Iowa. — The  use  of  a seal 
to  give  legal  authority  to  official  and  governmental 
papers  has  long  been  a custom, 
all  papers  issued  by  the  gov- 
ernor, the  great  seal  is  used  by 
the  secretary  of  state  in  coun- 
tersigning all  proclamations  and 
commissions  issued  by  the  State. 

Iowa  has  had  two  great  seals, 
differing  in  a marked  way  as  to 
design.  The  first  was  used  dur- 
ing the  Territorial  times,  and  the 
design  consisted  of  an  eagle  bearing  in  its  beak  an 
Indian  arrow,  and  clutching  in  its  talons  the  unstrung 
bow.  This  simple  seal  was  provided  by  the  first  Ter-, 
ritorial  secretary,  William  B.  Conway,  at  the  request 
of  the  legislative  council,  and  was  adopted  by  that 
body  November  23,  1838.  This  design  is  popular  and 
is  still  admired  by  many  good  judges  of  this  kind 
of  art.  It  afterwards  appeared  on  the  State  geolog- 
ical reports,  and  was  also  placed  on  the  Iowa 
National  bank  notes  furnished  by  the  government 


For  the  attesting  of 


8o 


HISTORY  OF  IOWA 


to  Iowa  banks.  This  original  seal  was  lost  in  the 
removal  of  the  State  property  from  Iowa  City  to 
Des  Moines.  The  second  seal  was  authorized  by  law, 
February  25,  1847.  It  was  intended  to  represent 
civilization,  liberty,  industry,  progress,  and  valor.  The 
design  was  prescribed  by  law  as  follows:  “ It  shall  be 
two  inches  in  diameter,  and  have  engraved  around  its 
edge  the  words,  ‘ The  Great  Seal  of  the  State  of 
Iowa.  ’ It  shall  consist  of  a sheaf  and  field  of  stand- 
ing wheat,  with  a sickle  and  other  farming  utensils,  on 
the  left  side  near  the  bottom;  a lead  furnace  and  pile 
of  pig  lead  on  the  right  side;  the  citizen  soldier,  with 
a plow  in  his  rear,  supporting  the  American  flag  and 
liberty  cap  with  his  right  hand,  and  his  gun  with  his 
left  in  the  centre  and  near  the  bottom;  the  Mississippi 
river  in  the  rear  of  the  whole  with  the  steamer  Iowa 
under  way;  an  eagle  near  the  upper  edge  holding  in 
his  beak  a scroll  with  the  following  inscription  upon 
it:  ‘ Our  liberties  we  prize  and  our  rights  we  will  main- 
tain.' ” With  such  explicit  orders,  the  artist  had 
little  to  do  with  the  design,  except  to  conform  to  law. 
The  ingenuity  of  skill  and  cunning  has  been  very 
severely  taxed  to  place  so  much  upon  so  small  a space. 
Because  of  its  complexity  of  design,  the  coat  of 
arms  thus  adopted  is  but  little  used  by  the  people  of 
Iowa,  and  has  never  had  a chance,  therefore,  to  be 
either  popular  or  appreciated  as  has  been  the  case  with 
those  adopted  by  many  other  States. 

Note. — The  census  of  1854  gave  the  first  indication  of  the  rising 
tide  of  immigration,  and  also  betrayed,  through  its  accounting  for 
the  sources  of  this  population,  that  there  were  material  modifications 
in  progress  that  would  eventually  change  the  political  sentiments  and 
policies  of  the  State.  The  earliest  settlers  had  come  from  southern 


THE  TRANSITION  PERIOD  IN  ORGANIZATION  8l 


Ohio,  Indiana,  and  Illinois,  and  also  from  the  more  northerly  South- 
ern States.  This  accounts  for  the  political  tendencies  of  the  early 
State  policies.  The  next  people  came  in  large  numbers  from  Penn- 
sylvania, and  after  the  failure  of  the  revolutionary  movements  in 
Europe  in  1848,  many  of  the  people  of  those  countries  came  to  the 
United  States,  and  Iowa  attracted,  for  a time,  a large  proportion  of  the 
agriculturalists.  Finally  the  majority  of  the  immigrants  came  from 
northern  Ohio,  from  New  York,  and  from  New  England,  while  Penn- 
sylvania and  Europe  still  continued  a fair  proportion.  The  story  of 
the  origin  and  modification,  through  immigration,  of  the  Iowa  peo- 
ple answers  many  inquiries  that  will  arise  concerning  social  and  polit- 
ical progress,  moral  reforms,  and  permanent  changes  in  public  policy. 
The  character  and  the  training  of  a people  are  the  proper  explana- 
tion for  the  chief  differences  that  exist  between  states,  both  as  to 
fundamental  theories  and  actual  practice.  The  year  1854  united 
Lake  Michigan  and  the  Mississippi  river  by  the  completion  of  a rail- 
road. Iowa  at  once  began  similar  public  improvements  and  every 
train  westward  carried  its  contingent  of  immigrants  to  still  add  to 
the  growing  population  of  energetic  and  enterprising  citizens.  The 
census  of  1856  and  likewise  of  1860  each  tells  a remarkable  story  of 
increase  of  population,  of  development  of  resources,  and  of  multi- 
plication of  wealth. 


QUESTIONS  AND  TOPICS. 

1.  How  are  public  lands  sold  ? When  could  peo- 
ple settle  upon  the  public  lands  ? What  is  a squatter  ? 
What  is  a government  patent  ? Difference  between 
warranty  deeds  and  government  patents  ? 

2.  What  is  the  use  of  a seal  ? Origin  of  the  use? 
Compare  the  Iowa  territorial  seal  and  the  seal  of  the 
United  States  ? 


CHAPTER  VII 


THE  REPUBLICAN  PERIOD  OF  STATE  CONTROL — 

1857- 

62.  The  Change  in  State  Policy.  — From  the 
beginning  of  Territorial  government  in  1838  to  the 
year  1854,  the  Democratic  party  was  in  power,  con- 
trolling all  the  legislation  and  dictating  the  policy  of 
Constitution  and  laws.  With  the  advent  of  a new 
school  of  politics,  represented  by  the  supporters  of 
Governor  James  W.  Grimes  and  the  Republican  party, 
there  came  agrowing  conviction  that  a new  constitu- 
tion, more  in  accord  with  modern  notions,  should  be 
framed.  Under  the  Democratic  party  there  was  no 
National  money  except  silver  and  gold,  called  by  the 
supporters  of  this  policy,  i ‘ the  money  of  the  Consti- 
tution.” All  other  currency  of  any  kind  was  left  to 
the  several  States  to  provide,  the  Democratic  party  be- 
lieving quite  thoroughly  in  state  rights . For  the 
reasons  heretofore  given,  the  Democratic  party  was 
absolutely  opposed  to  having  any  banks  in  the  State, 
and  it  was  likewise  much  opposed  to  any  policy  that 
would  organize  any  permanent  corporations  that 
might  have,  through  long  continuance,  the  power  to 
interfere  with  the  public  good.  Hence,  during  these 
years  there  was  no  chance  for  anything  of  such  kind  to 
be  organized. 

63.  Other  Things  that  Hastened  the  Change. — 

In  addition,  the  Democratic  party  had, in  fact,  been  very 

82 


THE  REPUBLICAN  PERIOD  OF  STATE  CONTROL  83 


strenuous  in  legislation  that  prohibited  and  restricted 
the  liquor  traffic.  In  season  and  out  of  season,  its 
policy  had  been  such  that  it  arrayed  against  it 
those  voters  of  more  liberal  view,  who  preferred 
different  customs,  and  whose  habits  made  them  desire 
a granting  of  fa- 
vors to  this  inter- 
dicted traffic.  The 
hard  times,  that 
were  beginning  to 
be  felt  in  the  whole 
country,  together 
with  the  great  con- 
troversy regarding 
the  slavery  ques- 
tion that  was  at- 
tracting so  much 
attention  at  this 
period  of  history, 
added  to  these  mat- 
ters above  stated, 
led  to  the  defeat  of  the  Democratic  party  in  1854,  and 
to  the  victory  of  the  Republicans,  in  the  electing  of 
James  W.  Grimes  as  Governor  and  a General  Assembly 
in  harmony  with  him,  that  began  to  legislate  to  re- 
organize the  State  government  in  accordance  with  the 
views  the  party  represented.  The  practical  result  of 
the  prohibition  of  any  system  of  banking  in  the  State 
was  to  flood  Iowa  with  every  species  of  “ wild  cat  ” 
currency.  The  circulating  medium  of  the  people  was 
made  up  in  part  of  the  free-bank  paper  of  Illinois  and 
Indiana.  In  addition  to  this,  paper  was  being  issued 


JAMES  W GRIMES. 


84 


HISTORY  OF  IOWA 


by  Iowa  brokers  who  had  obtained  so-called  bank  char- 
ters from  the  Territorial  legislature  of  Nebraska,  and 
had  their  pretended  headquarters  at  Omaha  and  Flor- 
ence. This  current  money  was  also  well  assisted  with 
the  bills  from  other  States,  generally  such  as  had  the 
best  reputation  where  they  were  least  known.  This 
paper  money  was  all  at  two  per  cent. , and  some  of  it 
ten  to  fifteen  percent,  discount.  Every  man  who  was 
not  an  expert  in  detecting  counterfeit  bills,  and  who 
was  not  posted  in  the  history  of  all  forms  of  banking 
institutions,  did  business  at  his  peril. 

64.  The  Third  Constitutional  Convention. — 
Provision  was  therefore  made  by  the  general  assembly 
fora  constitutional  convention  to  remedy  these  defects, 
said  to  exist,  in  the  fundamental  law  of  the  State  and 
to  make  such  modifications  as  would  more  nearly  con- 
form with  the  new  spirit  of  progress  and  of  im- 
provement that  came  with  the  change  of  State  policy. 
This  convention  assembled  at  Iowa  City,  January  19, 
1857,  and,  completing  its  work,  adjourned  March  5, 
1857.  There  were  quite  a number  of  very  important 
changes  and  amendments  made  in  the  Constitution  of 
the  State  by  this  Convention,  but  only  the  more  rad- 
ical ones  can  be  mentioned  here. 

1.  Provision  was  made  that  every  tenth  year  after 
i860,  the  people  should  decide,  at  the  time  of  the  reg- 
ular election,  whether  a new  constitutional  convention 
should  be  called. 

2.  Provision  was  made  for  a Lieutenant  Governor  to 
be  the  President  of  the  Senate,  and  to  fill  any  vacancy 
in  the  office  of  Governor  that  might  be  caused  by 
the  death,  resignation  or  other  disability  of  that  officer. 


THE  REPUBLICAN  PERIOD  OF  STATE  CONTROL  85 

3.  It  changed  the  period  of  taking  the  State  census 
to  every  ten  years,  instead  of  every  two  years  as  under 
the  first  constitution. 

4.  It  changed  the  prosecuting  attorney  as  elected  by 
each  county,  to  a district  attorney  elected  by  each 
judicial  district. 

5.  It  changed  the  selection  of  Supreme  Court  Judges 
from  the  General  Assembly  to  the  people  at  the  regu- 
lar election  of  other  State  officers. 

6.  It  changed  the  length  of  term  of  the  Governor 
from  four  years  to  two  years. 

7.  It  provided  for  an  attorney  general  to  be  elected 
by  the  people. 

8.  It  increased  the  limitation  of  State  indebtedness 
from  $100,000  to  $250,000. 

9.  It  provided  for  the  protection  of  the  permanent 
school  fund,  by  making  the  State  responsible  for  every 
dollar  of  the  same,  so  that  any  losses  became  a perma- 
nent funded  debt  until  they  were  paid. 

10.  It  provided  for  the  more  liberal  treatment  of 
corporations,  organized  for  pecuniary  profit. 

11.  It  permitted  the  General  Assembly  to  organize  a 
State  bank,  to  be  founded  on  an  actual  specie  basis. 

12.  It  provided  for  a general  banking  law,  under 
suitable  restrictions. 

13.  It  organized  a State  Board  of  Education  to  have 
charge  of  the  educational  interests  of  the  State,  that 
should  exist  until  1863,  when  reorganization  or  abol- 
ishment was  permitted. 

14.  It  located  the  permanent  seat  of  State  govern- 
ment at  Des  Moines,  and  of  the  State  University  at 
Iowa  City. 


86 


HISTORY  OF  IOWA 


This  Constitution  was  submitted  to  the  people  for 
approval,  and  was  adopted  by  the  popular  vote 
August  3,  1857.  Following  this,  Governor  Grimes, 
by  proclamation  issued  September  3,  1857,  declared 
the  result  and  announced  the  New  Constitution  as  the 
supreme  law  of  the  land. 

65.  Railroad  Legislation. — As  a result  of  the 
interest  in  railroad  building,  developed  by  the  con- 
vention held  at  Iowa  City  in  1848,  such  enterprises  were 
started,  though  the  Constitution  of  1846  was  not 
friendly  to  corporations  organized  for  pecuniary  profit. 
The  Congress  of  the  United  States  became  inter- 
ested about  the  same  time  and  began  making  large 
grants  of  land  to  Western  states,  to  assist  such  public 
improvements.  Hence,  in  1854,  the  first  railroad  in 
Iowa  was  built  from  Davenport  to  Iowa  City,  a dis- 
tance of  fifty-five  miles,  the  first  rail  having  been  laid 
in  Davenport  in  May  of  that  year,  at  or  near  high- 
water  mark  on  the  banks  of  the  Mississippi  river. 
The  first  locomotive  in  Iowa  was  landed  at  Daven- 
port in  July,  and  was  called  the  1 ‘Antoine  Le  Claire/ ’ 
after  the  man  who  had  been  the  “ First  citizen  of 
Davenport”  in  the  pioneer  days.  This  road  was  then 
called  the  Mississippi  and  Missouri  River  Railroad, 
but  is  now  known  by  the  name  Chicago,  Rock  Island 
and  Pacific  Railway. 

66.  Effect  of  the  New  Policy. — With  the  advent 
of  a new  political  policy  toward  corporations  organ- 
ized for  pecuniary  profit  by  their  stockholders,  and 
with  a modification  in  the  Constitution  as  well  as  more 
liberality  in  the  laws,  and  with  the  large  land  grants  to  be 
used  in  building  railroads,  this  State  became  the  center 


THE  REPUBLICAN  PERIOD  OF  STATE  CONTROL  87 

of  great  activity  in  the  construction  of  such  public  im- 
provements. Railway  construction  companies  were 
organized  to  prosecute  the  work  and  the  General 
Assembly  distributed  the  lands  to  them  on  such  con- 
ditions as  to  prepare  the  way  for  State  control. 

67.  The  First  Land  Grants. — The  first  Congres- 
sional land  grant,  approved  May,  1856,  was  for  the 
encouragement  of  the  building  of  four  railroads:  (1.) 
From  Burlington  to  the  Missouri  river,  near  the  mouth 
of  the  Platte  river.  (2.)  From  Davenport  via  Iowa 
City  and  Des  Moines  to  Council  Bluffs.  (3.)  From 
Lyons,  north-westerly  to  a point  of  intersection  with 
the  main  line  of  the  so-called  “Iowa  Central  Air  Line 
Railroad/’  near  Maquoketa  and  thence  on  said  main 
line,  running  as  nearly  as  practicable  on  the  42d.  par- 
allel across  the  State  to  the  Missouri  river.  (4.)  From 
Dubuque  to  a point  on  the  Missouri  river  at  or  near 
Sioux  City.  This  land  grant  conferred  upon  the  State 
the  odd  numbered  sections  six  miles  in  width  on  each 
side  of  the  railroads,  so  projected,  to  be  used  as  help 
in  the  construction.  A special  session  of  the  General 
Assembly  occurred  in  July,  1856,  and  on  the  14th.  of 
that  month  the  grant  was  accepted  by  legislative  act 
and  at  once  regranted  to  the  proposed  roads.  All  these 
roads,  with  the  exception  of  the  “Iowa  Central  Air 
Line,”  accepted  the  grants  and  began  construction, 
and  in  the  time  required,  completed  the  roads  and 
opened  them  to  traffic.  The  lands  not  accepted  were 
afterwards  granted  with  the  permission  of  Congress,  to 
the  Cedar  Rapids  and  Missouri  River  Railroad.  These 
roads  when  constructed,  after  a time  passed  into  the 
control  of  the  Chicago,  Rock  Island  and  Pacific  Rail- 


88 


HISTORY  OF  IOWA 


way,  Chicago,  Burlington  and  Quincy  Railway,  Chi- 
cago and  Northwestern  Railway,  and  Illinois  Central 
Railway.  Again  on  the  12th  of  May,  1864,  Congress 
granted  lands  to  the  State  to  aid  in  building  a railroad 
from  McGregor  to  Sioux  City.  This  grant  conferred 
upon  the  State  every  alternate  section  ten  miles  on 
each  side  of  the  line. 

68.  The  Des  Moines  River  Land  Grant. — By  an 
act  approved  August  8,  1846,  Congress  had  already 
granted  to  Iowa  the  alternate  sections  of  land  on 
each  side  of  the  Des  Moines  river  for  six  miles,  for 
the  purpose  of  improving  the  navigation  of  that  river 
from  its  mouth  to  the  Raccoon  Fork,  at  Des  Moines. 
In  1847  Iowa  organized  a board  of  public  works, 
and  began  constructing  dams  and  locks  at  large 
expense  at  four  or  five  important  points.  Finally  the 
grant  was  so  changed  as  to  allow  the  State  to  transfer 
its  interests  to  the  Des  Moines  Navigation  and  Rail- 
road Company — a corporation  that  was  authorized  to 
develop  and  control  this  internal  water-way,  and  also 
to  build  a railroad  in  case  that  might  prove  more 
advisable.  The  State  had  already  disposed  of  most  of 
the  lands  below  the  Raccoon  Forks,  and,  as  very  soon 
there  were  adverse  rulings  regarding  the  United  States 
having  granted  the  lands  north  of  the  Forks,  the  Com- 
pany effected  a compromise  by  which  it  accepted  all 
the  lands  certified  to  the  State  prior  to  1857  and  paid 
the  State  $20,000  cash  in  addition  to  what  had  already 
been  expended  by  the  Company,  and  abandoned  the 
work,  leaving  it  as  the  property  of  the  State.  This 
expensive  venture  proved  to  be  entirely  useless,  and 
in  1862  Congress  settled  the  original  question  perma- 


THE  REPUBLICAN  PERIOD  OF  STATE  CONTROL  89 

nently  by  naming  the  extent  of  the  grant  as  the  northern 
boundary  of  Iowa,  and  the  General  Assembly,  then, 
granted  these  lands  to  the  Des  Moines  Valley  Railroad 
Company,  for  the  purpose  of  building  a railway  up  the 
valley  of  the  Des  Moines  river. 

69.  What  the  United  States  did  for  Iowa. — 
There  were,  therefore,  these  land-grant  railroads,  which 
received  from  the  United  States  the  great  donation  of 
4,394,400  acres  of  the  best  land  of  this  rich  State, 
and  by  whose  building  the  other  lands  were  opened 
and  settled  with  a rapidity  that  had  never  before  been 
known.  These  land  grants  were  an  important  factor 
in  the  civil  development  of  the  State  of  Iowa,  and  had 
much  to  do  with  the  great  progress  that  came  so 
suddenly  to  a new  and  unsettled  country — without 
which  it  would  have  been  many  years,  before  the  great 
and  extensive  prairies,  without  woodland  for  miles, 
would  have  been  subdued  by  advancing  civilization. 
The  State  distributed  these  lands  to  the  following  rail- 


roads: 

Burlington  and  Missouri  River 292,806  acres. 

Mississippi  and  Missouri  River 482,374  acres, 

Cedar  Rapids  and  Missouri  River 735,997  acres. 

Dubuque  and  Sioux  City 1,232,359  acres. 

McGregor  and  Sioux  City 137,572  acres. 

Des  Moines  Valley 1,105,381  acres. 

Sioux  City  and  St.  Paul 407,910  acres. 


70.  Founding  State  Institutions. — When  the 
Republican  administration  came  into  power,  it  found 
the  State  with  the  debt  of  $50,000  borrowed  at  the 
organization  of  the  State  government  in  1846.  The 
previous  policy  had  observed  the  most  rigid  economy, 
but  had  made  no  provision  for  paying  this  debt,  and 


9o 


HISTORY  OF  IOWA 


had  done  nothing  to  provide  for  the  insane,  the  deaf, 
the  blind,  or  the  feeble-minded.  Temporary  schools 
for  the  deaf  and  the  blind  had  been  organized,  but, 
save  the  old  stone  State  House  at  Iowa  City  and  an 
inadequate  penitentiary  at  Fort  Madison,  the  State  was 
yet  without  public  buildings.  In  1856  and  1858,  large 
appropriations  were  made  for  the  erection  of  public 
buildings,  and  the  support  of  the  unfortunate  classes, 
and  a loan  of  $200,000  was  authorized.  The  contest, 
at  the  election  of  1859,  was  a spirited  one.  Samuel 
J.  Kirkwood  was  nominated  for  Governor  by  the 
Republicans,  and  Augustus  C.  Dodge,  then  just 
returned  home  from  a mission  to  Spain,  was  nomi- 
nated by  the  Democrats.  There  was  the  slavery  ques- 
tion, the  charge  of  extravagance  in  State  management, 
and  the  size  and  the  extent  of  the  insane  hospital  at 
Mt.  Pleasant,  that  made  the  controversy  interesting. 
Kirkwood  was  elected  by  a good  majority. 

7 I . The  State  Banking  System. — The  New  Con- 
stitution also  gave  birth  to  the  State  Bank  of  Iowa, 
which  was  perfected  by  the  law  of  1858,  at  the  first 
session  of  the  General  Assembly  that  was  held  at  the 
new  capital,  Des  Moines.  This  law  gave  Iowa  good 
money  and  a secure  home-banking  system  on  a specie 
basis,  from  which  no  financial  disasters  came  during 
its  continuance.  With  the  establishment  of  the  Na- 
tional Banking  System  in  1865,*  the  State  Bank  of 
Iowa  was  closed,  as  National  bank  currency  legallyt 
took  the  place  of  all  paper  money  issued  by  the  states. 

* Original  act  passed  Congress  February  25,  1863. 

f Amended  act  taxing  State  banks  10  per  cent,  on  circulation  passed 
Congress  March  3,  1865- 


THE  REPUBLICAN  PERIOD  OF  STATE  CONTROL  91 

Since  that  time  other  banks  called  State  banks  have 
been  provided  by  law,  but  they  are  limited  in  function 
to  accepting  deposits  and  doing  a general  banking 
business  and  do  not  issue  any  currency.  These  banks 
are  now  quite  generally  established  in  the  business 
centers  of  the  State,  and  are  regarded  as  equivalent  in 
security  and  public  benefit  to  National  banks,  though 
enjoying  only  a part  of  their  functions  in  the  banking 
world.  When  the  National  Banking  System  was  estab- 
lished, there  were  10,000  different  kinds  of  bank  notes 
in  circulation  in  the  then  thirty-four  States  of  the  Union. 

72.  Temperance  Legislation. — Iowa,  even  as  a 
Territory,  passed  prohibitory  and  restrictive  legislation 
concerning  the  sale  of,  and  the  traffic  in  intoxicating 
liquors,  and  has  never  since  that  time  abandoned  the 
principle  involved.  The  struggle  for  sobriety,  total 
abstinence,  and  legal  restraint  of  the  liquor  traffic  has 
been  continuous.  In  1858  there  was  a political 
movement  that  legalized  the  sale  of  ale,  wine,  and  beer, 
and  to  some  extent  local  option  and  license  asserted 
themselves  as  a State  method  of  dealing  with  the  drink 
traffic;  but  there  was  continual  and  heated  controversy 
and  frequent  prosecution  of  violators  of  the  laws.  The 
purpose  of  the  Law  of  1858  was  to  allow  the  weaker 
liquors,  like  ale,  wine,  and  beer  to  be  sold,  but  also  to 
absolutely  prohibit  the  sale  of  stronger  drinks,  like 
brandy,  whisky,  and  rum.  This  system,  however,  did 
not  succeed,  to  the  satisfaction  of  the  people  of  the 
State,  because  the  established  saloons,  quite  generally, 
not  only  sold  the  permitted  liquors,  but  also  violated 
the  law  and  sold  prohibited  liquors.  This  led  to  so 
much  political  and  legal  controversy  that  it  kept  the 


92 


HISTORY  OF  IOWA 


question  perpetually  in  politics  and  in  the  courts  in 
the  centers  of  population — the  cities  and  towns, — and 
finally  resulted  in  a proposition  for  a Constitutional 
Amendment  that  passed  successively  two  general  as- 
semblies and  received  30,000  majority  in  its  favor  on 
the  part  of  the  people,  at  a non-partisan  election  in 
1882.  Through  a clerical  error,  made  by  the  general 
assembly  at  one  passage,  the  amendment  became 
invalid,  the  supreme  court  declaring  the  procedure  of 
adoption  not  properly  obeyed.  But  the  sentiment  of 
the  people  was  so  pronounced,  and  the  public  pressure 
so  strong  that  the  next  general  assembly  (1884),  passed 
a prohibitory  law  and  gave  the  State  by  statute,  what 
was  sought  by  amendment  to  the  constitution.  Then 
came  the  application  of  the  law,  the  liquor  traffic  re- 
sisting every  point  until  the  supreme  court  had  estab- 
lished such  act  as  constitutional  in  every  respect. 
Difficulties  in  certain  counties,  cities,  and  towns  made 
the  local  enforcement  of  this  law  practically  impossi- 
ble, so  that  a new  law  was  passed  March  29,  1894, 
permitting  such  cities  and  towns  as  desired  saloons  to 
establish  them  by  petition.  If  the  percentage  of  voters 
that  petitioned  was  sufficient  as  required  by  law,  the 
so-called  “ mulct  law  ” prevailed  in  said  community, 
until  prohibition  was  again  restored  by  a large  enough 
percentage  of  voters  again  petitioning  for  its  restora- 
tion. There  have  been  few  problems  in  civil  govern- 
ment that  have  received  as  much  attention  from  Iowa 
legislators,  politicians,  and  people  as  has  the  control 
and  suppression  of  the  liquor  traffic  during  the  first 
fifty  years  of  Iowa  history. 


CHAPTER  VIII 


IOWA  IN  THE  DAYS  OF  CONTROVERSY  AND  WAR 

1859-1865 

73.  The  Slavery  Question. — By  the  Missouri 
Compromise,  Iowa  became  a State  in  which  slavery 
“ was  forever  prohibited,”  yet  at  one  time  there  were 
a few  slaves  on  this  soil  who  were  sold  by  their 
masters  to  traders  who  took  them  South.  This  fact  of 
the  prohibition  of  slavery  caused  the  settlers  that  came 
to  Iowa  to  be  chiefly  opposed  to  that  institution,  and 
they  were  therefore  hostile  to  its  extension  on  any 
conditions.  December  9,  1854,  Governor  Grimes 

gave  in  his  message  the  memorable  words  that  struck 
the  key  note  of  the  political  history  of  the  State  for 
many  years:  “It  becomes  the  state  of  Iowa,  the 

only  free  state  of  the  Missouri  Compromise,  to  let  the 
world  know  that  she  values  the  blessings  that  Com- 
promise has  secured  for  her,  and  know  that  she  will 
never  consent  to  become  a party  to  the  nationaliza- 
tion of  slavery.”  This  was  Iowa’s  answer  to  the 
proposition  made  in  Congress  in  1854  to  rePea-l  the 
Missouri  Compromise.  In  the  midst  of  the  great 
political  agitation  that  existed  in  the  Union,  Mr. 
Grimes  was  nominated  for  Governor,  and  being  sup- 
ported by  both  Whigs  and  Free-soilers,  he  conducted 
a spirited  and  successful  campaign  and  was  elected 
by  2,468  majority.  An  entire  change  at  once  began 
in  the  political  history  of  Iowa,  and  soon  a like 
change  followed  in  the  majority  of  the  states  in  the 

93 


94 


HISTORY  OF  IOWA 


Union.  Mr.  Grimes’  campaign  and  election  was  the 
first  very  prominent  large  movement  toward  the  organ- 
ization of  the  Republican  party.  Six  years  later  Abra- 
ham Lincoln  was  elected  President  of  the  United 
States,  and  the  entire  governmental  policy  of  the  Great 
Republic  as  regards  slavery  and  also  as  regards  tariff 
taxation  was  changed. 

74.  Controversies  Over  Suffrage.  — The  new 
Constitution  opened  up  the  controversy  concerning 
suffrage  by  providing  for  a vote  of  the  people  on 
striking  the  word  “ white  ” out  of  the  suffrage  clause. 
There  were  already  quite  a number  of  negroes  in 
Iowa,  and  this  question  of  enfranchising  them  was  one 
of  the  first  discussions  of  the  kind  that  occurred  in  the 
United  States.  Since  the  organization  of  the  State 
there  had  been  a law  upon  the  statute  books  providing 
that  no  mulatto,  negro,  or  Indian  should  be  a compe- 
tent witness  in  any  suit  or  proceedings  to  which  a 
white  man  was  a party.  The  general  assembly  of 
1856-57  repealed  this  law  and  the  new  constitution 
contained  a clause  forbidding  such  disqualification  in 
the  future.  The  word  4 4 white  ” was  retained  in  the 
constitution,  but  the  repeal  of  the  ‘ ‘ color  line  ” law  and 
the  proposition  to  remove  the  color  line  from  suffrage, 
together  with  a law  that  provided  in  a broad  sense  for 
the  education  of  “all  youth  in  the  State”  through  a sys- 
tem of  common  schools,  made  the  political  excitement 
intense,  since  fundamental  constitutional  problems 
were  being  considered,  and  a radical  change  seemed 
promised,  unless  it  could  be  defeated  at  the  polls. 
The  Democrats  made  a bold  attack  upon  the  Republican 
party  because  of  the  repeal  of  the  “ black  laws  ” and 


IOWA  IN  THE  DAYS  OF  CONTROVERSY  AND  WAR  95 

the  provision  for  negro  education,  and  made  a strong  and 
successful  appeal  to  the  feeling  of  race  prejudice  which 
still  prevailed  in  the  State,  as  was  proven  by  the  defeat 
of  the  proposition  to  strike  out  then,  the  word  white  ” 
from  the  Constitution  of  1857.  The  result  was,  how- 
ever, a victory  for  the  Republican  party,  as  the  vote 
of  Iowa  since  that  time  has  almost  universally  sup- 
ported the  policies  of  that  party.  The  word  0 white  ’ ’ 
was  afterward,  in  1868,  stricken  out  of  the  Constitution 
by  the  approval  of  the  people  at  a general  election. 

75.  The  Republican  Party  Supreme. — In  Janu- 
ary, 1858,  the  general  assembly  met  for  the  first  time 
at  Des  Moines.  Political  party  supremacy  was  gradu- 
ally slipping  from  the  hands  of  the  Democrats. 
Already  in  1855,  James  Harlan  had  been  elected  United 
States  senator  by  the  general  assembly,  and  Augustus 
C.  Dodge,  representing  the  old  regime,  was  retired. 
The  assembly  of  1858  completed  this  policy  by  elect- 
ing James  W.  Grimes  United  States  senator  and 
retiring  George  W.  Jones,  who  had  been  associated 
with  Iowa  politics  from  the  beginning  of  its  history. 

76.  The  Campaign  of  0 860. — The  presidential 
campaign  of  i860  was  a remarkable  one  for  Iowa, 
and  helped  make  the  civil  history  of  the  State.  The 
fact  that  civil  war  seemed  imminent,  in  case  of  Abra- 
ham Lincoln’s  election  to  the  presidency  of  the  United 
States  was  well  understood  and  considered.  There 
was  a disposition,  however,  to  consider  and  decide 
these  issues,  uninfluenced  by  any  threat  of  violence  or 
civil  war.  Already  in  1851,  the  general  assembly,  by 
joint  resolution,  had  declared  that  the  state  of  Iowa 
was  ‘ ‘ bound  to  maintain  the  union  of  these  States  by 


9& 


HISTORY  OF  IOWA 


all  the  means  in  her  power.  ’ ’ The  same  year  the 
State  furnished  a block  of  marble  for  the  Washington 
Monument,  and  by  order  of  the  general  assembly,  in- 
scribed upon  it  the  following  sentiment:  “Iowa:  Her 
affections,  like  the  rivers  of  her  borders,  flow  to  an 
Inseparable  Union.  ” No  State  in  the  Union  had  more 
vital  interest  in  National  unity  than  the  people  of 
Iowa.  Her  population  were  representatives  of  the 
older  states,  both  North  and  South.  All  were  immi- 
grants bound  to  these  older  communities  by  the  ties  of 
blood  and  fond  recollections  of  early  days.  Her 
geographical  position  was  such  that  a dismemberment 
of  the  Union  was  a matter  of  serious  concern.  The 
Mississippi  river  was  the  highway  for  her  people  to 
market  their  products,  and  for  the  navigation  of  this 
nature-highway  to  pass  into  the  control  of  a foreign 
government  was  to  isolate  Iowa  from  the  commerce 
of  the  world.  In  secession  and  its  results,  the  State 
of  Iowa  could  see  nothing  for  her  people  but  con- 
fusion, anarchy,  and  utter  destruction  of  nationality. 
Hence  when  the  National  flag  was  fired  upon  at  Fort 
Sumter  in  1861,  party  lines  gave  way,  party  spirit 
was  hushed,  and  the  cause  of  the  common  country  be- 
came supreme  in  the  affection  of  the  whole  people. 

77.  The  Meeting  of  the  Crisis. — Peculiarly  fortu- 
nate was  the  State  at  this  crisis,  in  having  a truly  repre- 
sentative man  as  chief  executive  in  the  person  of 
Samuel  J.  Kirkwood.  He  was  indeed  worthy  and  able 
to  organize  and  direct  the  energies  of  the  people. 
Within  thirty  days  after  the  date  of  the  President’s 
proclamation  calling  for  troops,  the  First  Iowa  Regi- 
ment was  mustered  into  the  service  of  the  United 


IOWA  IN  THE  DAYS  OF  CONTROVERSY  AND  WAR  97 

States,  a second  regiment  was  in  camp  ready  for 
service,  and  the  general  assembly  was  in  special 
session,  pledging  by  joint  resolution  every  resource  of 
men  and  money  to  the  National  cause.  The  constitu- 
tion of  the  State  lim- 
ited the  State  debt 
to  $250,000,  except 
debts  contracted  to 
“repel  invasion,  sup- 
press insurrection,  or 
defend  the  State  in 
war.  ” This  assem- 
bly authorized  a loan 
of  $800,000,  if  it 
were  necessary,  for 
a war  and  defense 
fund,  to  be  expended 
in  organizing,  arm- 
ing, equipping  and 
subsisting  the  militia 
of  the  State,  to  meet  the  present  and  future  requisi- 
tions of  the  President.  Those  in  power  looked  to  the 
spirit  rather  than  to  the  letter  of  the  constitution,  and 
acted  upon  the  theory  that  to  preserve  the  Nation  was 
to  preserve  the  State,  and  that  to  prevent  invasion  was 
the  most  effectual  way  of  repelling  it.  Only  $300,000 
of  this  loan  was  ever  made,  and  these  bonds  were 
purchased  and  held  chiefly  by  Iowa  people.  “A  monu- 
ment to  the  heroism  of  the  soldiers  and  sailors  of 
1861-65  was  erected  at  the  capital  in  1895.  The  money 
expended,  $150,000,  was  obtained  from  the  refunded 
national  direct  tax  of  August  5,  1861.  M (283,  p.  260.) 


SAMUEL  J.  KIRKWOOD. 


98 


HISTORY  OF  IOWA 


78.  The  Effect  of  the  War.— What  terrible  days 
those  were  to  the  people  of  Iowa ! Their  thoughts 
and  energies  were  intent  upon  the  war.  The  State 

was  simply  a re- 
cruiting station  for 
the  army.  The 
railroads  and  ex- 
press lines  were 
carrying  away  the 
strong  and  the  vig- 
orous and  return- 
ing, to  the  desolate 
homes,  the  bodies 
of  the  cherished 
dead.  The  social 
life  of  the  peo- 
ple was  connected 
with  meetings  to 
raise  means  for 
sanitary  and  hos- 
pital supplies.  So- 
ciables, concerts, 
festivals,  all  had 
one  object  — to 
raise  money  for  the 
Christian  and  San- 
itary Commissions. 
The  General  As- 
sembly did  all  in 
its  power  to  meet 
, , the  emergencies. 

IOWA  SOLDIERS’  AND  SAILORS’  MON-  ° 

ument.  Enlistments  were 


IOWA  IN  THE  DAYS  OF  CONTROVERSY  AND  WAR  99 

encouraged  and  everything  done  to  protect  the  soldier 
in  the  field  and  his  family  at  home.  Laws  were  passed 
that  suspended  all  suits  against  soldiers  in  the  service, 
and  all  suits  of  attachment  or  execution  against  their 
property.  County  boards  of  supervisors  were  author- 
ized and  commanded  to  vote  bounties  for  enlistments 
and  pecuniary  aid  to  the  needy  families  of  those  in  the 
service.  To  the  people,  the  maintenance  of  slavery 
meant  the  continuance  of  the  support  of  the  Southern 
cause, and  was  the  very  strength  of  the  Rebellion. 
Therefore  the  belief  prevailed  that  when  slavery  ended 
the  War  would  end,  and  the  Emancipation  Proclama- 
tion was  received  with  great  satisfaction,  as  meaning 
the  saving  of  fathers’,  brothers’,  sons’,  and  lovers’  lives, 
and,  at  the  same  time,  gave  triumph  to  liberty  and  free- 
dom through  mercy  and  justice. 

79.  Iowa  in  the  War  of  the  Rebellion.  — In  the 
great  War  of  1861-65,  Iowa  sent  to  the  front  to  defend 
and  support  the  National  Government,  in  putting  down 
the  Rebellion  78,000  men.  Of  these,  nine  regiments  were 
cavalry  and  forty-eight  were  infantry.  In  addition 
there  were  four  batteries,  one  regiment  of  colored 
infantry,  and  a few  sailors.  War  always  plays  havoc 
with  human  life,  whether  in  camp  or  in  the  field. 
When  the  war  closed  in  1865,  12,368  were  dead,  8,848 
had  been  wounded  in  battle,  and  9,987  were  dis- 
charged for  wounds  received  in  battle  or  for  ruined 
health.  Iowa  men  won  rank  and  distinction  in  the 
service.  The  record  shows  the  names  of  four  major- 
generals,  thirteen  brevet  major-generals,  six  brigadier- 
generals,  and  thirty-six  brevet  brigadier-generals. 
The  most  signal  events  that  the  Iowa  soldiers  were 


IOO 


HISTORY  OF  IOWA 


connected  with  were  the  battles  of  Wilson’s  Creek, 
Belmont,  Pea  Ridge,  Shiloh,  luka,  Corinth,  Prairie 
Grove,  Helena,  Missionary  Ridge,  Jenkins’s  Ferry, 
Winchester,  the  siege  of  Vicksburg,  the  storming  of 
Fort  Donelson,  and  the  March  to  the  Sea.  The  War 
of  the  Rebellion  was  one  of  the  most  mighty  conflicts 
that  has  ever  occurred.  Of  a population  of  less  than 
700,000  people,  Iowa  sent  nearly  80,000  to  the  War. 
Every  other  able-bodied  man  in  the  State  was  in  the 
ranks  of  the  army  of  the  United  States.  It  was  a 
fearful  price  to  pay  for  honor  and  renown,  but  it  was 
cheerfully  given  in  valor,  in  faith,  and  in  sacrifice  that 
this  Great  Republic  might  live,  and  that  liberty  and- 
freedom  might  be  the  perpetual  heritage  of  the  gen- 
erations then  unborn,  but  now  in  the  schools  and 
enjoying  the  great  privileges  thus  bought  with  blood 
and  treasure. 

80.  The  Sioux  Indian  and  the  Settler. — During 
the  intense  political  controversies  that  were  pending 
in  the  Nation,  little  attention  was  given  to  the  Indian 
outrages  on  the  frontier.  These  were  so  small  and  so 
unimportant,  as  compared  to  the  great  struggle  going 
on  in  the  Nation,  that  public  interest  was  not  aroused 
to  any  extent.  So  much  so  was  this  true,  that  no 
attempt  was  ever  made  by  the  Government  to  bring 
to  justice  the  roving  band  of  Sioux  Indian  outlaws, 
who  ruthlessly  and  brutally  murdered  the  settlers  in 
northern  Iowa  in  1857.  The  soil  of  Iowa  had  been 
singularly  free  from  Indian  outbreaks,  the  treaties  for 
the  removal  of  the  Indians  being  faithfully  kept. 
Before  Territorial  times,  the  pioneers  of  the  Mississippi 
Valley  had  an  experience  in  the  Black  Hawk  war  that 


IOWA  IN  THE  DAYS  OF  CONTROVERSY  AND  WAR  IOI 

gave  them  an  insight  into  the  savage  character  of  the 
Indian  on  the  war  path.  Later,  during  the  Rebellion 
in  1862,  the  Sioux  war  in  Minnesota,  that  cost  the  lives 
of  1,000  white  settlers,  and  that  would  have  been 
regarded  as  a most  serious  and  terrible  outbreak,  lost 
its  prominence  because  of  the  more  terrible  civil  con- 
flict even  then  in  progress  in  the  Union.  Both  of  these 
Indian  wars  had  causes  in  injustice  and  in  failure  of  the 
Government  to  promptly  comply  with  treaties  and  also 
in  seeming  invasion  of  rights  and  guarantees. 

8 1 . The  Spirit  Lake  Massacre. — The  massacre 
that  occurred  in  1857  at  Spirit  Lake  cannot  be 
explained  by  any  wrong  on  the  part  of  the  white  man, 
as  its  perpetrators  were  a lawless,  reckless  band  of 
thieves,  robbers,  and  murderers.  In  this  massacre 
more  than  fifty  white  people  lost  their  lives,  at  the 
very  time  when  they  were  kindly  ministering  to  the 
wants  of  these  needy  but  treacherous  savages.  This 
massacre  was  carried  out  by  an  outlaw  band  of  Sioux 
Indians,  who  were  so  cruel  and  so  criminal  that  they 
were  not  even  respected  by  the  other  more  honorable 
bands  of  the  tribe,  and  hence  kept  themselves  farther 
away  from  the  pale  of  civilization  and  made  their 
home  in  South  Dakota,  where  a white  man  had  never 
trespassed.  They  were  the  worst  band  of  the  Sioux 
tribe,  and  were  known  by  their  chief  as  Ink-pa-du-ta’s* 
band.  They  had  attracted  to  themselves  all  the  roughs 
and  outlaws  of  the  whole  tribe,  and  became  thereby 
the  terror  of  all  exposed  settlements. 

82.  The  Outrages  Committed. — The  winter  of 
1 856-57  had  been  unusually  cold  and  this  band  of 


*The  Scarlet  Point. 


102 


HISTORY  OF  IOWA 


outlaws  found  it  very  difficult  to  exist.  Hence  they  left 
their  inhospitable  quarters  and  drifted  into  Iowa  to 
subsist  off  of  the  settlers  by  stealing,  robbery,  and 
outrage.  Being  repudiated  by  the  tribe  in  the  treaty 
of  1851  that  was  made  at  Mendota,  they  had  taken 
no  part  in  that  treaty,  and  were  not  thus  able  to  share 
in  the  grants  and  the  privileges  made  by  the  General 
government.  They  thus  felt  that  they  had  a right  to  get 
even  with  the  white  man,  by  such  incursions  in  mid 
winter  when  the  settler  was  helpless.  The  scarcity  of 
game  and  the  difficulties  they  encountered  in  dealing 
with  the  whites,  in  the  more  thickly  settled  communi- 
ties on  the  Little  Sioux  river  incensed  them.  Their 
stealing  and  outlawry  being  resisted,  they  became  more 
desperate  and  more  bloodthirsty  when  they  came,  in 
their  wanderings,  into  the  more  sparse  settlements.  In 
Buena  Vista  county,  they  robbed  the  houses,  shot  the 
cattle,  abused  the  families  of  the  settlers,  and  threat- 
ened them  with  more  dire  penalties,  if  they  resisted. 
In  Clay  county,  their  outrages  increased  in  violence  and 
impudence,  and  in  Dickinson  county,  at  Okoboji  and 
Spirit  lakes,  they  entered  the  homes  of  the  settlers 
under  the  guise  of  friendship,  and,  after  being  fed  and 
ministered  unto  in  their  distress,  they  treacherously 
murdered  men,  women,  and  children,  saving  the  lives 
of  none  except  a few  of  the  younger  women,  whom 
they  carried  away  as  captives.  From  Spirit  Lake, 
they  proceeded  to  the  little  settlement  of  Springfield  on 
the  Des  Moines  river,  but  here  met  resistance,  as 
these  settlers  were  apprised  of  the  result  at  Okoboji 
lake  and  gave  them  no  chance  to  perpetrate  their  cruel 
outrages.  A few,  however,  who  relied  on  the  friend- 


l 


IOWA  IN  THE  DAYS  OF  CONTROVERSY  AND  WAR  103 


ship  and  good  will  of  the  savages,  paid  the  penalty 
with  their  lives — none  that  fell  into  their  power  being 
saved.  In  the 
meantime,  the 
United  States 
troops  at  Fort 
Ridgely  and  the 
citizens  of  Fort 
Dodge  were  in- 
formed of*  the 
terrible  fate  of 
the  settlers,  and 
n o t w i thstand- 
ing  the  heavy 
snows,  the 
stormy  season, 
and  the  rag- 
ing streams,  re- 
lief expeditions 
were  sent  from 
both  places,  and 
the  Indians 
withdrew  to 
their  Dako- 
ta w i 1 derness. 

Nothing  was 
ever  done  by  the 
United  States 
to  redress  these 
grievances  and 
punish  these 


rrc y?" 


SPIRIT  EAKE  MONUMENT. 

marauders.  The  State  of  Minnesota  purchased  the  free- 


io4 


HISTORY  OF  IOWA 


dom  of  two  of  the  captives,  the  others  having  perished. 

83.  The  Monument. — July  26,  1895,  there  was 
dedicated  at  Spirit  Lake  a monument  erected  by  the 
State  of  Iowa  to  the  memory  of  the  victims  who 
perished  there  in  1857.  It  is  a granite  monument 
fifty-five  feet  high,  and  is  of  graceful  and  pleasing  pro- 
portions. Thus  Iowa  bore  testimony  to  the  brave 
deeds  of  the  pioneer  of  civilization,  who  not  only  had 
to  contend  against  the  hardships  of  the  wilderness  in 
the  struggle  for  subsistence,  but  who  also  sacrificed 
his  life  in  the  attempt  to  open  up  the  wilderness  to 
the  progress  and  spirit  of  the  times. 

QUESTIONS  AND  TOPICS. 

1.  Democratic  national  money?  Republican  na- 
tional money  ? “ Wild  Cat  ” currency  ? State  bank 

paper  of  1853? 

2.  What  is  a legislative  special  or  extra  session  ? 
Effect  upon  the  railway  corporations  as  to  control  by 
the  State  through  accepting  land  grants  ? 

3.  What  was  the  state  banking  system  of  1858? 
What  are  the  functions  of  national  banks  ? Of  state 
banks  ? 

4.  What  was  the  Missouri  compromise  ? Who  was 
a ‘ 4 free  soiler  ?” 

5.  How  are  amendments  made  to  the  State  consti- 
tution ? 

6.  How  are  United  States  Senators  elected  ? How 
many  from  each  state  ? 

7.  When  can  the  state  debt  legally  exceed  the  con- 
stitutional limit  ? 

8.  What  were  “ sanitary  commissions”  during 
the  war  ? 

9.  What  was  Iowa’s  part  in  the  Great  Rebellion  ? 
Why  was  Iowa  so  decidedly  in  favor  of  maintaining 
the  Union  ? 


CHAPTER  IX 


THE  STATE  INSTITUTIONS  AND  SOCIETIES 

84.  The  Policy  of  the  State. — Numerous  lines  of 
public  work  are  in  charge  of  the  State.  These  consist : 
(i)  of  charities,  such  as  the  care  and  medical  treat- 
ment of  the  temporary  insane,  the  reform  of  the 
erring,  the  restraint  of  the  criminal  and  vicious,  the 
education  and  training  of  the  unfortunate,  and  the 
support  of  the  helpless  and  indigent;  (2)  of  higher 
and  professional  educational  institutions  that  grant 
an  enlarged  opportunity  to  the  youth  of  the  State; 
(3)  of  the  recognition  of  such  societies  as  are  vol- 
untarily organized  and  maintained  for  the  purpose 
of  advancing  the  interests  of  the  people  in  respect  to 
agriculture,  horticulture,  education,  stock  breeding, 
etc. ; (4)  of  the  maintaining  of  boards  that  control  the 
practice  of  medicine,  the  practice  of  dentistry,  the 
profession  of  teaching  and  the  dispensing  of  medicines. 
There  has  been  much  difference  of  opinion  concerning 
the  province  of  the  State  regarding  these  matters. 
Most  of  the  charities  began  with  movements  that  de- 
pended upon  public  sympathy  and  general  contribu- 
tions of  money  for  support,  and  were  afterwards  trans- 
ferred to  the  State  for  maintenance  and  management. 
Dissatisfaction  regarding  public  health  and  public  in- 
terests have  led  to  the  establishment  of  most  of  the 
boards  of  control,  while  interest  in  public  welfare  has 
caused  the  encouragement  of  the  public  societies  that 

105 


io6 


HISTORY  OF  IOWA 


exist  and  are  engaged  in  distributing  knowledge  in  ref- 
erence to  progress,  improvement,  and  development. 

85.  The  Penitentiaries. — In  the  original  act  that 
established  the  Territory  of  Iowa,  provision  was  made 
for  the  National  Government  to  appropriate  money  for 
public  buildings.  From  this  appropriation  came 
the  stone  building  at  Iowa  City,  now  used  by  the  State 
University,  and  the  penitentiary  at  Ft.  Madison,  whose 
main  building  was  completed  in  1841.  Iowa  was 
probably  the  only  State  in  the  Union  that  was  pro- 
vided a penitentiary  at  National  expense.  An  ad- 
ditional penitentiary,  at  Anamosa,  was  erected  by  con- 
vict labor,  work  beginning  in  1872.  This  institution 
is  now  used  for  first  offenders  under  thirty  years  of  age, 
for  female  offenders,  and  for  the  criminal  insane. 

86.  The  Soldiers’  Home. — This  institution  was 
completed  and  opened  November  30,  1887,  and  is  for 
the  soldiers  and  the  sailors,  residents  of  Iowa,  who  are 
incapable  of  self-support  or  of  taking  care  of  themselves. 
Persons  who  have  property,  or  who  draw  a pension 
sufficient  to  support  them,  are  not  admitted  as  in- 
mates, and  those  who  are  granted  pensions,  or  whose 
health  recovers  so  as  to  enable  them  to  support  them- 
selves, are  discharged  from  the  Home. 

87.  The  Hospitals  for  the  Insane. — This  State 
has  four  hospitals  for  the  insane.  The  oldest  is 
located  at  Mt.  Pleasant,  and  was  established  in  1855, 
receiving  patients  for  the  first  time  March  6,  1861. 
The  second  is  located  at  Independence,  and  opened 
for  the  reception  of  patients  in  May,  1873.  The  third 
is  located  at  Clarinda,  and  was  opened  in  1888.  The 
fourth,  at  Cherokee,  was  opened  in  1902.  All  these 


THE  STATE  INSTITUTIONS  AND  SOCIETIES  107 


institutions  are  the  equals  of  any  such  hospitals  any- 
where in  the  United  States,  and  are  among  the  greatest 
and  noblest  charities  of  this  sympathetic  age.  Persons 
are  admitted  to  these  State  hospitals  at  the  expense  of 
the  counties  from  which  they  come,  and  are  usually  kept 
until  recovery  or  until  it  is  decided  that  insanity  is  per- 
manent ; in  the  latter  case  they  may  be  kept  permanently 
or  may  be  returned  to  the  care  of  the  counties.  About 
half  the  counties  in  the  State  have  hospitals  for  the 
insane. 

88.  The  Hospital  for  Inebriates. — This  institution 
is  located  at  Knoxville.  It  was  originally  opened  in 
1892  as  an  Industrial  Home  for  the  Adult  Blind,  but 
that  institution  was  never  very  largely  patronized,  and 
in  1904  the  General  Assembly  changed  it  into  the  State 
Hospital  for  Inebriates.  It  is  used  for  the  detention, 
care,  and  treatment  of  male  inebriates  and  persons  ad- 
dicted to  the  use  of  morphine  and  other  narcotic  drugs. 
Commitments  to  this  institution  are  made  by  the  district 
judge.  There  is  a similar  Hospital  for  Female  Ine- 
briates at  Mt.  Pleasant. 

89.  The  College  for  the  Blind. — The  College  for 
the  Blind  was  first  opened  in  temporary  quarters  in 
Iowa  City  in  1853.  In  1858  provision  was  made  for 
a permanent  institution  at  Vinton.  This  institution  is 
a well-appointed  school,  equaling  in  amount  of  ap- 
paratus, in  thoroughness  of  instruction,  and  in  fullness 
of  its  curriculum,  the  best  public  schools  in  Iowa. 
Special  attention  is  given  to  music  instruction.  Tuition 
and  board  in  this  institution  are  free  to  any  blind  per- 
son in  the  State. 

90.  The  School  for  the  Deaf. — This  school  for 


io8 


HISTORY  OF  IOWA 


the  care  and  education  of  the  deaf  was  first  organized 
in  Iowa  City  in  1855.  A permanent  building  was 
provided  for  the  institution  at  Council  Bluffs  in  1870. 
It  is  free  to  all  deaf  children  of  school  age  that  are 
sound  in  mind,  free  from  immoral  habits  and  contagious 
and  offensive  diseases.  It  was  first  called  Institution 
for  the  Deaf  and  Dumb,  but  the  name  was  changed  by 
the  twenty-fourth  general  assembly.  Besides  a gen- 
eral education,  the  trades  of  printing,  shoemaking, 
carpentering,  dressmaking,  farming,  gardening,  drawing 
and  painting,  household  work,  plain  sewing,  and  knit- 
ting are  taught. 

91.  The  Industrial  Schools. — These  schools  were 
founded  and  are  maintained  for  the  purpose  of  reform- 
ing juvenile  offenders,  or  those  who,  through  lack  of 
proper  home  control,  promise  to  become  criminals. 
The  results  of  the  work  done  by  these  schools  proves 
beyond  a doubt  the  possibility  to  reclaim  youth  and 
make  good  citizens,  if  they  are  put  under  proper  con- 
trol. The  age  of  admission  to  these  schools  is  from 
seven  to  sixteen,  at  the  time  when  their  natures  are 
still  susceptible  to  the  influence  of  kindness,  moral 
training,  and  proper  discipline.  These  reformatory 
institutions  are  therefore  conducted  on  an  entirely 
different  plan  from  prisons  or  penitentiaries,  as  the 
length  of  sentence  is  indefinite  and  encourages  reform, 
and  the  environment  created  is  more  beneficial  and 
more  hopeful.  The  State  has  therefore  combined  in- 
struction in  common  school  branches,  adapted  to  ages 
and  advancement,  and  suitable  industrial  education, 
with  instruction  in  morality,  the  center  of  the  training. 
There  are  two  of  these  schools:  one  at  Eldora  for 


THE  STATE  INSTITUTIONS  AND  SOCIETIES  IO9 


boys,  founded  in  1868,  and  one  at  Mitchellville  for 
girls,  founded  in  1872. 

92.  The  Institution  for  the  Feebleminded. — 
Three  homes  for  orphan  children,  were  founded 
during  the  War  of  1861-65,  and  maintained  by  the 
State  until  1876,  when,  the  number  of  such  chil- 
dren having  greatly  diminished,  it  was  decided  to 
unite  these  in  the  present  institution  at  Davenport. 
This  closed  the  homes  at  Cedar  Falls  and  Glenwood, 
which  were  changed,  therefore,  into  the  State  Normal 
School  at  Cedar  Falls,  and  the  Feebleminded  Institu- 
tion at  Glenwood.  The  objects  of  this  institution  are 
to  provide  special  methods  of  training  for  children 
who  are  deficient  in  mind,  or  marked  with  such  peculi- 
arities as  to  deprive  them  of  the  benefits  and  privileges 
provided  for  children  with  normal  faculties.  The 
purpose  is  to  make  the  children  as  nearly  self-support- 
ing as  practicable,  and  to  approach  as  nearly  as  pos- 
sible the  actions  of  normal  people.  It  further  aims  to 
provide  a home  for  those  who  are  not  susceptible  to 
mental  culture,  relying  wholly  upon  others  to  supply 
their  simple  wants.  In  the  school  department,  les- 
sons are  imparted  in  the  simple  elements  of  instruc- 
tion taught  in  public  schools,  as  well  as  in  the  indus- 
tries suited  to  their  capacities.  Girls  learn  plain  and 
fancy  sewing  and  household  work,  while  boys  are  de- 
tailed to  work  on  the  farm  or  in  the  garden,  in  the  shoe 
shop,  broom  shop,  or  carpenter  shop,  and  assist  in  the 
various  departments  of  the  institution.  Males  are  ad- 
mitted between  the  ages  of  five  and  twenty-one,  and 
females  between  five  and  forty-six.  Inmates  may  be 
dismissed  by  the  board  of  control ; or  if  there  are  good 


no 


HISTORY  OF  IOWA 


reasons  why  this  should  not  be  done,  they  may  remain 
permanently. 

93.  The  Soldiers’  Orphans’  Home. — This  institu- 
tion was  opened  for  the  reception  of  children  July  13, 
1 864.  It  was  first  supported  by  private  contributions, 
but  the  eleventh  general  assembly  (1866),  assumed 
control  of  it,  and  provided  for  its  management  and 
permanent  location  at  Davenport.  In  1876  it  became 
the  only  home  for  soldiers’  orphans  in  Iowa,  by 
receiving  the  children  that  had  been  in  the  State 
Homes  at  Cedar  Falls  and  Glenwood.  Two  classes  of 
children  are  now  received;  first,  soldiers’  orphans  en- 
tirely at  the  expense  of  the  State;  second,  county 
orphans  or  indigent  children  who  are  sent  by  counties, 
the  expense  being  borne  by  the  counties  so  sending 
them.  The  purpose  of  the  Home  is  educational  and 
industrial.  There  is  a good  elementary  school  main- 
tained the  entire  school  year,  and  the  children  also 
learn  to  work  at  common  industrial  pursuits.  The 
children  are  placed  in  good  homes  as  opportunity 
offers,  and  they  are  looked  after  by  officers  and  recalled, 
if  the  agreements  are  not  faithfully  carried  out.  The 
intention  is,  to  provide  for  all  homeless  and  indigent 
children,  and  not  allow  them  to  be  sent  to  county 
poor  houses  and  other  places  of  detention  and  degra- 
dation. The  policy  is  also  to  locate  the  children  in 
good  homes  as  soon  as  possible,  instead  of  keeping 
them  at  the  expense  of  the  State. 

The  institutions  described  in  §§  85-93  were  at  first 
controlled  by  separate  boards  of  trustees ; but  they  are 
now  under  the  charge  of  the  Board  of  Control  of  State 
Institutions.  See  § 125. 


THE  STATE  INSTITUTIONS  AND  SOCIETIES  III 


94.  The  State  Agricultural  College. — Iowa  early 
became  interested  in  agricultural  education.  Already 
in  1858,  at  that  memorable  assembly  when  so  much 
progress  in  public  institutions  originated,  the  State 
Agricultural  College  was  established,  including  an 
experimental  farm.  In  i860,  the  necessary  land  was 
purchased  in  Story  county,  and  suitable  buildings  were 
erected.  In  1864  and  1866,  appropriations  were  made 
to  erect  a college  building,  and  in  1868  the  building  was 
completed  and  the  college  opened  as  the  law  stated  ‘ ‘to 
advance  and  conserve  the  interests  of  agriculture  and 
the  mechanic  arts.”  The  State  appropriations  in  sup- 
port of  this  institution  have  been  very  large.  The 
movement  for  this  kind  of  education  was  encouraged 
by  the  United  States  Congress,  July  30,  1862,  by  mak- 
ing an  appropriation  to  the  several  States  of  the  Union 
of  an  amount  of  the  public  lands,  equal  to  30,000  acres 
for  each  of  their  senators  and  representatives  in  Con- 
gress, the  proceeds  of  which  should  be  devoted  to 
maintaining  a college  in  which  the  leading  object  should 
be  to  teach  such  branches  of  learning  as  related  to 
agriculture  and  the  mechanic  arts.  In  1890  and  again 
in  1907  bills  for  the  more  complete  endowment  and 
support  of  these  colleges  were  passed  by  Congress. 
They  appropriated  amounts  gradually  increasing  from 
$15,000  for  the  year  1890  to  $50,000  for  the  year 
1912;  the  annual  amount  thereafter  to  be  paid  each 
State  and  Territory  to  be  $50,000,  the  same  to  be 
applied  only  to  instruction  in  agriculture,  the  mechanic 
arts,  the  English  language,  and  the  various  branches 
of  mathematical,  physical,  natural,  and  economic 
science,  with  special  reference  to  their  application  to 


112 


HISTORY  OF  IOWA 


the  industries  of  life  and  the  facilities  for  such  instruc- 
tion. 

95.  The  State  University. — This  institution  is 
supported  by  a permanent  endowment  obtained  from 
a Congressional  land  grant,  by  tuition  fees,  and  by 
biennial  appropriations  made  by  the  Legislature.  It 
first  opened  March,  1855,  but  was  closed  for  lack  of 
funds  from  1858  to  i860.  In  i860  work  was  again 
permanently  resumed.  In  the  beginning  the  attend- 
ance consisted  chiefly  of  students  in  the  normal  and 
preparatory  departments,  but  these  departments  were 
long  since  abolished  and,  at  present,  the  departments 
maintained  consist  of  the  collegiate,  the  law,  the 
medical,  the  homeopathic-medical,  the  dental,  the  phar- 
maceutical, and  the  scientific.  The  permanent  en- 
dowment is  small,  because  the  legislature  was  forced 
by  public  opinion  to  put  the  land  grant  upon  the 
market  at  too  early  a day  to  realize  much  of  a sum  of 
money.  Eighteen  thousand  acres  of  the  grant  were  sold 
at  the  nominal  price  of  $3.27  an  acre  and  that,  at  the 
time,  when  most  of  the  Government  land  had  been  sold 
at  $1.25  an  acre,  and  even  as  low  as  eighty-five  cents 
an  acre  to  purchasers  with  land  warrants.  Hence  the 
support  and  development  funds  of  the  institution  have 
chiefly  come  from  temporary  legislative  appropriations. 
The  University  is  governed  by  a Board  of  Regents,  con- 
sisting of  one  member  from  each  Congressional  district 
and  with  ex-officiis  members  consisting  of  the  Governor 
and  the  Superintendent  of  Public  Instruction.  The 
influence  of  the  University  on  general  public  education 
has  been  marked  by  the  best  effects,  and  the  high 
schools  have  been  greatly  encouraged  and  assisted  by 


THE  STATE  INSTITUTIONS  AND  SOCIETIES  1 1 3 

its  recognition  of  them  as  accepted  preparatory  schools. 
With  the  liberal  appropriations  for  the  erection  of  suit- 
able buildings,  and  with  an  enlarged  income,  this  in- 
stitution is  the  equal  of  other  institutions  of  its  class  in 
other  States. 

96.  The  State  Normal  School. — At  the  opening 
of  the  university  in  1855,  the  normal  department  was 
the  largest  department  of  the  school.  This  depart- 
ment was  abolished  in  1873  and  a professorship  in 
didactics  established  in  its  place.  This  chair  was  to  give 
instruction  to  advanced  students  in  the  science  and  art 
of  teaching.  After  this  occurred,  agitation  for  a sep- 
arate normal  school  began  and,  in  1876,  the  Legislature 
authorized  the  organization  of  such  a school  at  Cedar 
Falls.  This  school  is  strictly  confined  to  the  instruction 
and  training  of  teachers  for  the  public  schools,  and  none 
but  such  as  intend  to  teach  are  encouraged  to  enroll. 
To  attain  this  object,  its  courses  of  study  are  arranged 
to  meet  the  wants  of  all  kinds  of  teachers  in  country 
and  city  schools.  Its  faculty  is  selected  with  the  same 
purpose  in  view,  and  the  work  done  is,  therefore,  as 
well  adapted  as  possible  to  the  needs.  The  govern- 
ment of  the  school  is  vested  in  a Board  of  Trustees 
of  seven  members,  with  the  Superintendent  of  Public 
Instruction  as  president. 

97.  The  State  Library  and  the  State  Histori- 
cal Department. — These  two  State  institutions  are 
separate  and  distinct,  though  managed  by  the  same 
Board  of  Trustees,  consisting  of  the  Governor,  the 
Supreme  Judges,  the  Secretary  of  State  and  the 
Superintendent  of  Public  Instruction.  (1)  In  the 
beginning  the  library  was  founded  for  the  benefit  of 


HISTORY  OF  IOWA 


1 14 

the  supreme  court,  but  afterwards  such  other  books  were 
added  as  were  also  useful  to  the  legislature,  other  State 
officers,  and  advanced  students.  It  includes  one  of  the 
best  law  libraries  in  the  United  States.  It  is  under  the 
charge  of  a State  librarian  elected  by  the  Board  of  Trus- 
tees. (2)  The  historical  department  was  organized  J uly  1 , 
1892.  It  is  in  charge  of  a curator  selected  by  the  Board 
of  Trustees.  He  makes  such  collections  of  archaeology, 
geology,  natural  history,  military  relics,  bound  volumes 
of  newspapers,  autograph  letters,  books  published  in 
Iowa,  pamphlets,  etc.,  as  particularly  bear  upon  the 
history  and  development  of  the  State  and  nation. 

The  Library  Commission,  created  in  1900,  consists 
of  the  State  librarian,  superintendent  of  public  instruc- 
tion, president  of  the  State  University,  and  four  mem- 
bers appointed  by  the  governor.  It  encourages  the 
formation  of  local  libraries,  and  controls  a large  travel- 
ing library. 

98.  The  State  Geological  Surveys. — There  has 
been  from  the  beginning  of  our  history,  a scientific 
interest  in  the  mineral  deposits  of  the  State.  Hence, 
January  31,  1855,  the  first  geological  survey  was 
authorized,  and  James  Hall,  of  New  York,  appointed 
State  geologist.  This  survey  was  regarded  as  suc- 
cessful from  a scientific  standpoint,  and  the  pub- 
lished reports  are  still  esteemed.  The  second  geologi- 
cal survey  was  authorized  April  2,  1866,  and  Charles 
A.  White,  of  Iowa  City,  was  appointed  State  geol- 
ogist. Two  volumes  of  valuable  information,  and  a 
large  collection  of  minerals  and  fossils  was  the  result. 
The  third  geological  survey  was  authorized  by  the  gen- 
eral assembly  in  1892,  and  Samuel  Calvin,  of  Iowa 


THE  STATE  INSTITUTIONS  AND  SOCIETIES  115 

City,  was  appointed  State  geologist  by  the  Geological 
Board.  Several  valuable  reports  have  been  prepared, 
and  more  attention  has  been  given  to  the  commercial 
interests  of  geology  than  in  previous  surveys.,  such  as 
clays,  rock,  sand,  natural  gas,  coal,  etc.  This  survey 
is  still  in  progress. 

99.  The  Boards  of  Control. — i . Board  of  Dental 
Examiners. — This  board  was  authorized  by  the  nine- 
teenth general  assembly  (1882).  The  act  provided  for 
the  appointment  by  the  governor  of  five  practical  dent- 
ists, who  have  resided  five  years  each  in  Iowa,  to  control 
the  practice  of  dentistry  and  to  examine  and  license  per- 
sons that  were  competent  to  undertake  the  business. 

2.  Board  of  Health. — By  an  act  of  the  twenty-first 
general  assembly  (1886),  the  practice  of  medicine  was 
regulated,  and  a board  of  seven  physicians  was 
appointed  by  the  governor.  This  board  appoints  its 
own  secretary,  who  is  the  executive  officer  of  the 
board,  and  has  authority  over  the  interests  of  the 
health  and  life  of  the  citizens  of  the  State.  It  has 
power  to  make  such  regulations,  as  are  deemed  neces^ 
sary,  to  preserve  the  public  health,  and  to  establish 
rules  in  all  matters  of  quarantine.  It  manages  the 
State  bacteriological  laboratory  at  Iowa  City.  It  makes 
rules  for  the  inspection  of  illuminating  oils.  It  exam- 
ines and  licenses  physicians,  osteopaths,  nurses,  and 
embalmers. 

3.  Commissioners  of  Pharmacy. — The  eighteenth 
general  assembly  (1880)  provided  for  the  better  regu- 
lation of  pharmacy  and  the  sale  of  medicines  and 
poisons.  The  governor  appoints  a board  of  three  com- 
petent pharmacists,  selecting  one  each  year  (Code 


HISTORY  OF  IOWA 


I 16 

§ 2584).  Persons  who  desire  to  conduct  the  business  of 
selling  at  retail,  compounding,  or  dispensing  drugs  for 
medical  use,  must  first  be  examined  by  this  board  and 
be  granted  a certificate  authorizing  them  to  do  so. 
Graduates  of  reputable  schools  of  pharmacy  are  granted 
certificates  without  the  formal  examinations. 

4.  Law  Examiners. — The  State  board  of  law  exam- 
iners was  created  by  act  of  the  twenty-eighth  general 
assembly.  It  consists  of  the  attorney-general  and  four 
or  more  members  of  the  bar  (lawyers)  appointed  by  the 
supreme  court.  It  examines  applicants  for  admission 
to  the  bar. 

5.  State  Board  of  Control. — See  § 125. 

I O O.  Educational  Board  of  Examiners. — The  nine- 
teenth general  assembly  (1882)  passed  an  act  creating 
a State  board  of  examiners.  This  board  consists  of  the 
superintendent  of  public  instruction,  as  ex-officio  mem- 
ber and  president,  the  president  of  the  State  University, 
and  the  president  of  the  State  Normal  School,  and  two 
additional  persons,  one  of  whom  must  be  a woman, 
appointed  by  the  governor.  The  Board  holds  annually 
at  least  two  examinations,  and  grants  State  certificates 
for  five  years,  and  State  diplomas  for  life,  to  com- 
petent experienced  teachers  who  are  examined  by  it. 
Other  teachers’  certificates  are  granted  under  its  su- 
pervision. 

IOI.  The  State  Societies. — 1.  Agricultural. — The 
Agricultural  Society  was  organized  in  1854,  and  in  Octo- 
ber of  that  year  held  its  first  annual  fair.  The  fair  was 
at  first  held  in  different  parts  of  the  State  from  year  to 
year,  but  in  1885  large  and  valuable  grounds  were  pur- 
chased at  Des  Moines.  In  connection  with  the  State 


THE  STATE  INSTITUTIONS  AND  SOCIETIES  I 1 7 

organization  there  have  been  established  about  one 
hundred  local  branch  societies,  which  make  annual 
exhibitions  in  their  several  counties  and  districts  and 
are  aided  by  State  appropriations.  By  act  of  the 
twenty-eighth  general  assembly,  the  State  society  was 
reorganized  as  the  department  of  agriculture.  This 
department  is  managed  by  a board  composed  mostly 
of  directors  elected  by  a convention  of  delegates  repre- 
senting the  local  societies  and  certain  other  organiza- 
tions. The  governor,  president  of  the  State  Agricultural 
College,  State  food  and  dairy  commissioner,  and  State 
veterinarian  are  ex-officiis  members  of  the  board.  The 
board  controls  the  State  fair,  publishes  the  “ Iowa  Year 
Book  of  Agriculture/’  and  in  other  ways  promotes  agri- 
culture and  animal  industries. 

2.  Historical  Society. — In  1857  this  society  was 
organized  under  an  act  of  the  sixth  general  assembly. 
It  is  in  connection  with  the  State  University,  and  its 
object  is  to  collect,  arrange,  and  preserve  a library  of 
books,  pamphlets,  etc.,  illustrating  the  history  of  Iowa. 
This  society  has  endeavored  to  carry  out  the  objects 
of  the  law,  and  has  a large  and  valuable  collection  at 
Iowa  City.  Considering  the  small  financial  support  it 
has  received  since  its  founding,  it  has  much  to  show 
for  its  labors. 

3.  The  Horticultural  Society. — This  society  has 
for  its  object  the  promotion  and  the  encouragement  of 
horticulture  and  arboriculture  in  Iowa,  by  the  collection 
and  dissemination  of  practical  information  regarding 
the  culture  of  such  fruits,  flowers,  and  trees  as  are 
best  adapted  to  the  soil  and  climate  of  the  State.  In 
order  to  facilitate  the  work,  the  State  is  divided  into 


ii  8 


HISTORY  OF  IOWA 


twelve  districts,  each  having  its  own  director  and  hold- 
ing its  own  meetings,  all  of  whose  transactions  are  re- 
ported to  the  secretary  of  the  State  society.  An  annual 
report  is  published  at  the  expense  of  the  State. 

4.  The  Iowa  State  Teachers'  Association. — This 
association  is  a voluntary  organization  of  educators 
from  the  various  lines  of  work  in  the  State.  It  was 
organized  in  Muscatine,  May  10,  1854,  and  holds  an 
annual  meeting  of  several  days'  session.  The  object 
of  the  association  is  the  mutual  benefit  of  its  members 
educationally,  and  the  improvement  of  the  schools  of 
the  State.  Its  proceedings  are  published  and  distributed 
to  the  members  and  interested  parties  by  the  State 
superintendent  of  public  instruction. 

5.  The  Iowa  Academy  of  Sciences. — This  society 
was  organized  in  1887.  Its  object  is  to  encourage  scien- 
tific work  in  the  State.  Its  membership  consists  of 
(1)  fellows,  residents  of  the  State  who  are  engaged  in 
scientific  work;  (2)  associate  members,  residents  of  the 
State  who  are  interested  in  such  work ; (3)  correspond- 
ing fellows  whose  residence  is  in  other  States  and  who 
are  engaged  in  scientific  work.  It  is  a prosperous  and 
successful  society,  holding  annual  meetings  and  publish- 
ing an  annual  report  of  great  value. 

Note. — The  legislatures  of  Iowa  are  called  General  Assemblies 
and  are  known  by  number,  the  one  that  existed  in  1896-97  being 
the  26th  General  Assembly ; the  one  in  1904-05,  the  30th  ; the  one 
in  1906,  the  31st;  the  one  in  1907-08,  the  32d,  etc.  After  the 
adjournment  of  each  assembly,  the  new  laws  are  published  in  book 
form,  under  the  title,  “ Laws  of  Iowa” ; the  year  of  passage  being 
attached  to  distinguish  the  volumes.  The  laws  as  a whole  have 
been  occasionally  collected,  revised,  and  published  in  one  volume. 
These  are  known  by  the  names,  Code  of  1851,  Code  of  1860,  Code 
of  1873,  and  Code  of  1897.  References  to  Code,  in  this  book,  are 
always  to  Code  of  1897. 


CHAPTER  X 


GROWTH,  DEVELOPMENT,  AND  CHANGE 

102.  The  Rate  of  Progress. — Iowa’s  record  of 
advancement  in  material  and  industrial  development 
is  a marvelous  page  in  history,  while  her  progress  in 
education,  religious  ideas,  and  moral  reform  has  not 
been  surpassed  by  any  other  state  in  the  Union.  Her 
political,  social,  and  moral  policies  have  been  in  the 
front  rank  of  great  enterprises,  while  her  stability  of 
policy  and  the  persistence  in  efforts  to  secure  for  her 
people  all  the  benefits  of  civilization,  without  its  most 
serious  abuses,  is  a proud  chapter  in  the  history  of  the 
last  half  century.  Fifty  years  of  Statehood  saw  her 
standing  side  by  side  with  the  oldest  States  in  the 
Union,  equaling  them  in  educational  development,  in 
industrial  enterprises,  and  in  opportunity,  while  sur- 
passing many  of  them  in  moral  reforms,  religious 
activity,  and  true  ideas  of  living. 

The  Semi-Centennial.— In  October,  1896,  occurred  a week 
of  festivity  and  celebration  in  honor  of  the  first  half  century  of 
Iowa  history.  This  celebration  was  held  at  Burlington,  the  first 
Territorial  capital,  and  was  managed  by  commissioners  appointed 
by  the  State  and  also  by  the  city.  This  combined  interests  that 
made  the  whole  week  a notable  event.  Addresses  were  given  by 
prominent  men  and  women  of  both  State  and  Nation.  Those 
persons  who  had  been  the  makers  of  Iowa  history  and  institu- 
tions, and  were  still  living,  were  asked  to  tell  the  story  of  progress, 
development  and  sacrifice.  An  attempt  was  made  to  pay  tribute 
to  all  the  forces  of  culture,  education  and  politics  that  had  a hand 

119 


120 


HISTORY  OF  IOWA 


in  determining  present  Iowa,  and,  at  the  same  time,  to  preserve 
to  history  the  deeds  of  the  heroes  and  great  characters  who  had 
so  firmly  established  the  governmental  foundations.  The  pro- 
grams were  assigned  to  different  days,  each  evening  being  devoted 
to  electrical  displays,  fire-works,  parades,  etc.,  to  give  effect  and 
glory  and  make  an  impressive  occasion.  The  whole  city  was 
beautifully  decorated  with  bunting,  arches  of  triumph  were 
erected  over  the  principal  streets,  and  all  the  means  of  modern 
invention  and  illumination  were  employed  to  make  the  celebra- 
tion long  to  be  remembered.  The  program  of  days  was  distrib- 
uted as  follows:  An  official  day,  a pioneer’s  and  old  settler’s  day, 

an  educational  day,  a woman’s  day,  a secret  society  day,  a repub- 
lican day,  a democratic  day,  a religious  day,  in  all  of  which  the* 
different  addresses  and  other  exercises  were  so  planned  as  to  pay 
tribute  to  the  memory  of  the  fifty  years  of  development  and 
progress  that  had  come  to  Iowa  for  her  people  in  prosperity,  hap- 
piness, freedom  and  civil  government. 

1 03.  Growth  in  Population. — From  the  beginning 
of  settlement,  there  has  been  an  almost  constant  growth 
in  population.  The  largest  percentage  of  growth 
occurred  between  1850  and  1856,  when  the  increase  was 
169  per  cent.  Between  1840  and  1846,  the  rate  of 
increase  was  138  per  cent.  In  1840  the  census  gave 
the  total  population  as  43,112;  in  i860,  674,913;  in 
1880,  1,624,615;  in  1895,2,058,069;  in  1900,2,231,853; 
and  in  1905,  2,210,050. 

1 04.  The  Early  Modes  of  Travel. — The  settler 
came  to  Iowa  from  the  States  east  of  the  Mississippi 
river  as  soon  as  the  treaties  with  the  Indians  permitted. 
There  were  no  public  roads,  and  he  did  not  wait  for 
Governmental  enterprise  to  open  the  way.  He  came 
in  the  traditional  covered  wagon,  with  his  household 
goods  and  his  little  store  of  money  and  of  live  stock, 
and  opened  up  a farm  and  built  his  own  house.  There 
were  no  Government  roads,  and,  as  there  are  few  rivers 


GROWTH,  DEVELOPMENT,  AND  CHANGE 


121 


of  any  size,  it  was  possible  to  cross  the  State  in 
almost  any  direction  with  very  little  trouble.  The 
Mississippi  river  was  his  means  of  reaching  market 
with  his  produce,  and  the  Government  stage  coach 
transferred  the  mail  and  the  passengers  at  stated  inter- 
vals, to  the  limits  of  civilization  from  the  cities  on  the 
Mississippi  border. 

105.  Urban  Population. — The  people  of  this 
State  are  chiefly  devoted  to  farming  and  grazing.  The 
kind  of  crops  raised,  as  well  as  the  kind  of  live  stock 
that  is  most  successfully  produced,  are  adapted  to  the 
conditions  imposed  by  nature.  There  are  no  very  large 
cities  in  the  State,  such  as  most  of  the  other  great  States 
of  the  Union  have,  the  most  populous  cities  having  less 
than  100,000.  In  1880,  Iowa  had  nineteen  cities  with  a 
population  of  4,000  or  more;  in  1905  there  were  thirty- 
seven  cities  of  such  grade  of  population.  The  urban 
population  has  been  continually  on  the  increase,  and  the 
census  of  1905  shows  that  48.3  per  cent  of  the  people 
live  in  cities  and  towns.  This  development  is  due  to 
the  better  school  facilities  of  the  towns,  to  increase  of 
wealth,  and  to  the  growth  of  manufacturing,  mining, 
and  other  industries. 

106.  The  First  Effects  of  the  Railway. — The 
covered  wagon  of  the  mover,  the  freight  wagon  of 
the  teamster,  and  the  stage  coach  did  not  long  hold 
the  supremacy  they  had  held  in  older  states.  Good 
public  roads,  such  as  are  common  in  the  older  com- 
munities, did  not  become  a necessity  in  Iowa,  as  the 
construction  of  the  railways  early  brought  every  man 
a home  market  for  his  produce,  and  deferred  the 
proper  grading  and  paving  of  highways  to  a later  time. 


122 


HISTORY  OF  IOWA 


Few  States  were  slower  to  make  adequate  provision  by 
law  for  the  development  of  good  public  highways,  and 
it  is  only  recently  that  much  interest  in  such  improve- 
ments has  been  aroused. 

1 07.  Railway  Building. — The  first  railway  was 
begun  in  1854.  The  close  of  the  year  1855  found 
sixty-seven  miles  in  operation.  At  the  opening  of  the 
war  of  1861,  there  were  but  331  miles  constructed, 
but  when  peace  came  in  1865  there  were  847  miles 
of  railway  in  Iowa.  Then  came  the  era  of  specula- 
tion and  railway  extension  that  projected  lines,  here- 
tofore unthought  of,  and  caused  railways  not  to  fol- 
low but  precede  the  settlement  of  the  country.  Parts 
of  Iowa  were  so  far  from  market  and  so  poorly  sup- 
plied with  fuel  and  means  of  subsistence  that  it  would 
have  taken  several  decades,  without  the  railroad,  to  do 
what  was  accomplished  in  a few  years  with  its  aid. 
The  year  1875  closed  with  3,765  miles  in  operation, 
the  year  1885  with  7,496  miles,  the  year  1895  with 
8,481  miles,  and  the  year  1905  with  9,853  miles,  so  that 
every  county  and  almost  every  town  and  hamlet  has  at 
present  daily  mail  and  regular  passenger  and  freight 
communication  through  the  steam  railway. 

1 08.  State  Control  of  Railways. — The  railways 
became,  as  a matter  of  course,  a prominent  factor  in 
the  industrial  development  and  the  material  progress 
of  the  State.  They  were  constructed  by  United  States 
donations  of  land,  by  contributions  of  the  people,  by 
taxes  voted  upon  townships  by  the  electors  as  an  aid 
to  encourage  construction  and  development,  and  by 
money  obtained  by  selling  bonds  in  eastern  markets. 
While  they  were  mostly  local  and  State  enterprises  in 


TEMPORARY  CAPITOES  OE  IOWA. 

1.  Belmont,  1836.  3.  Iowa  City,  1841.  5.  Des  Moines,  1858. 

2 Burlington,  1837.  4.  Iowa  City,  1842.  6.  Des  Moines  (as  remodeled),  1868. 


124 


HISTORY  OF  IOWA 


the  beginning,  in  the  course  of  a few  years  their  prop- 
erty passed  into  the  control  of  interstate  corporations 
and  great  discriminations,  as  to  rates  charged  for 
traffic,  became  common.  As  a consequence,  the  State 
undertook  the  control  of  the  business  of  these  corpor- 
ations so  far  as  compelling  equity  and  reasonable  ser- 
vice at  reasonable  rates  was  concerned,  and  enacted 
laws  and  appointed  commissioners,  who,  as  officers  of 
the  State,  were  entrusted  with  the  adjustment  of  these 
differences  between  the  corporations  and  the  people. 
Out  of  this  has  grown  a State  system  that  is  among  the 
most  progressive  and  the  most  equitable  that  at  pres- 
ent exists  in  any  State.  Iowa  was  a pioneer  in  the 
method  of  control  of  railways,  in  force  within  her  bor- 
ders, and  time  will  prove  the  benefit  of  this  system  to 
both  railways  and  the  people  they  serve,  as  when  the 
legal  principle  of  State  control  has  been  established, 
the  settling  amicably  the  many  problems  of  modern 
transportation  can  be  satisfactorily  accomplished. 

1 09.  Iowa’s  Capitals. — i . Belmont,  Iowa  county, 
Wisconsin,  in  1836,  was  the  first  capital  of  any  organ- 
ized government  in  which  representatives  elected  by 
the  people,  in  the  country  west  of  the  Mississippi  river, 
sat  as  legislators.  The  site  of  this  town  is  now  in  La 
Fayette  county,  Wisconsin,  as  the  old  town  was  long 
since  abandoned.  Here  Governor  Henry  Dodge  ad- 
ministered the  oath  of  office  to  those  who  considered 
the  problems  of  Iowa  people,  and  here  it  was  decided 
to  move  the  capital  of  Wisconsin  Territory  to  Burling- 
ton (Iowa),  and  to  locate  the  permanent  capital  at 
Madison  (Wisconsin). 

2.  Burlington  became  the  capital  by  being  able  to 


GROWTH,  DEVELOPMENT,  AND  CHANGE  1 25 

show  that  it  could  count  more  inhabitants,  even  if 
it  did  not  have  them,  than  its  rival,  Dubuque.  The 
legislatures  of  1836  and  1837  °f  Wisconsin  Territory 
met  at  Burlington,  and  when  Iowa  became  an  organ- 
ized Territory  in  1838,  it  remained  the  capital  until 
1841,  when  the  seat  of  government  was  moved  to 
Iowa  City. 

3.  Dissatisfaction  with  this  location  caused  the  first 
Territorial  legislative  assembly  to  order  that  a new 
capital,  to  be  called  Iowa  City,  should  be  selected  in 
the  wilderness,  and  a permanent  building  erected. 
This  led  to  the  construction  of  a stone  capitol,  now 
the  central  building  on  the  State  University  grounds. 
In  this  capitol  ten  regular  legislative  sessions  were 
held  and  three  constitutional  conventions.  Much  of 
the  history  of  the  State,  during  the  formative  period,  is 
centered  about  this  building  in  Iowa  City — the  first 
capitol  of  the  State. 

4.  In  1857  Iowa  City  had  also  become  remote  from 
the  center  of  population,  and  hence  the  capital  was 
removed  to  Des  Moines — the  final  home  of  organized 
State  government.  Here  was  erected  first  a temporary 
capitol,  and  afterwards  the  permanent  capitol  at  a cost 
of  more  than  $3,000,000.  It  is  worthy  of  note  that 
in  the  long  time  devoted  to  the  construction  of  this 
magnificent  building,  there  was  not  a single  transaction 
that  was  not  honest  and  worthy  of  being  approved  by 
the  people.  Hence  the  State  has  a remarkably  fine 
capitol,  considering  the  amount  of  money  expended, 
and  it  is  also  a monument  to  the  integrity  and  fair 
dealing  of  the  architects  and  builders. 

I I O.  The  Policy  of  the  State  as  to  Debt. — Early 


126 


HISTORY  OF  IOWA 


in  the  State’s  legislation,  a small  loan  of  money  was 
made  to  maintain  the  government  and  float  the  debt 
that  had  accrued.  During  the  war  of  1861,  the  State 
increased  its  indebtedness  by  making  a loan  for  a war 
and  defense  fund.  Excepting  these  two  loans,  the 
policy  of  the  State  has  been  not  to  appropriate  any 
money  that  it  does  not  have  for  any  purpose.  Hence, 
the  most  of  the  years  of  Statehood  is  a record  of  liv- 
ing within  one’s  means,  and  no  State  debt  has  been 
accumulated.  Therefore,  when  financial  crises  occur 
in  the  United  States,  the  people  of  Iowa  do  not  suffer 
from  financial  reverses  in  the  world  of  commerce  and 
of  industry  as  much  as  States  whose  policy  is  different. 

III.  The  Policy  of  the  State  as  to  Public  Insti- 
tutions.— In  the  beginning  Iowa  adopted  the  policy 
of  distributing  its  public  institutions  in  different  loca- 
tions throughout  the  State.  When  new  institutions 
are  founded,  they  are  located  in  places  where  no  State 
institution  at  present  exists.  This  policy  has  had  the 
effect  of  bringing  all  the  people  more  or  less  into 
sympathy  with  one  or  more  separate  institutions,  and, 
taking  into  consideration  the  policy  of  “paying  as  we 
go,”  that  governs  appropriations,  Iowa  has  notable 
and  great  institutions,  all  of  which  are  highly  valued 
and  well  supported  by  the  people,  who  are  developing 
them  as  rapidly  as  circumstances  and  the  financial 
policy  will  permit.  These  things  are  a fair  index  of 
the  progressive  spirit  of  the  people,  and  give  much 
encouragement  to  hope  for  future  greatness  and  more 
effective  development. 

I 12.  Political  Changes. — From  1838  to  1854, 
was  the  era  of  Democratic  party  government  in  Iowa. 


GROWTH,  DEVELOPMENT,  AND  CHANGE 


127 


Since  1854,  the  principles  and  the  ideas  of  the  Repub- 
lican party  have  controlled  the  affairs  of  the  State. 
The  history  of  these  two  periods  is  extremely  interest- 
ing to  the  student,  as  it  is,  thereby,  directly  associated 
with  development  and  change  in  civil  government,  and 
shows  very  plainly  the  effect  of  political  ideas,  and 
the  consequence  of  political  theories,  on  the  man- 
agement of  public  policies.  Iowa  is  what  she  is 
to-day  because  of  the  constitutional  and  the  legislative 
construction  that  the  dominant  principles  of  both  of 
these  historical  periods  produced.  The  study  of  Iowa 
civil  government  will  establish  this  fact  and  lead  to 
valuable  and  useful  conclusions. 

I 13.  Productions. — The  soil  of  Iowa  is  all  pro- 
ductive. There  is  scarcely  any  waste  or  swamp  land 
within  its  borders.  There  is  scarcely  an  acre  that  could 
not  be  used  to  help  support  human  life  by  giving  food, 
as  a return  for  reasonable  effort.  Agricultural  pur- 
suits, therefore,  occupy  the  majority  of  the  people, 
though  urban  population  and  manufacturing  are  gradu- 
ally increasing.  There  are  no  people  in  the  world 
that,  as  a whole,  are  better  fed  and  clothed  and  should 
therefore  be  happier  than  the  people  of  Iowa.  The 
chief  staple  is  corn,  Iowa  being  the  first  State  in 
the  Union  in  the  quantity  of  its  production.  The 
United  States  Department  of  Agriculture  reports 
that  Iowa  in  1906  had  9,450,000  acres  of  corn  and 
that  the  crop  amounted  to  373,275,000  bushels — one 
eighth  of  the  amount  produced  in  the  whole  coun- 
try. The  second  staple  is  oats,  in  which  Iowa  is 
also  the  first  State  in  the  Union,  the  acreage  of  1906 
being  4,165,000  and  the  product  140,777,000  bushels. 


128 


HISTORY  OF  IOWA 


Wheat  was  formerly  produced  quite  generally,  but  has 
gradually  declined,  as  it  has  not  been  profitable  com- 
pared with  stock  raising  and  the  raising  of  corn  and 
oats.  The  year  1906  gave  wheat  an  acreage  of  585,660 
and  a production  of  9,212,218  bushels,  Iowa  being 
the  twenty-second  State  in  the  Union  in  the  production 
of  this  cereal. 

1 1 4.  Mining. — Thirty  of  the  counties  of  Iowa  are 
in  the  bituminous  coal  region,  and  mining  is,  there- 
fore, a large  industry,  some  17,000  men  being  em- 
ployed in  this  occupation.  About  350  coal  mines 
are  in  operation,  with  a yearly  output  of  about 
7,000,000  tons,  valued  at  more  than  $10,000,000.  In 
addition  to  coal,  building  stone  is  found  in  abundance 
in  nearly  every  part  of  the  State.  There  are  about  275 
quarries  in  operation,  and  the  yearly  output  exceeds 
$600,000  in  value.  The  mineral  products  of  Iowa  in- 
clude also  a large  amount  of  gypsum  and  a little  lead 
and  zinc.  But  the  total  value  of  all  mineral  products  of 
the  State  is  small  in  comparison  with  the  value  of  her 
crops  and  live  stock. 

115.  Live  Stock  and  Dairy  Products. — This  State  is 
successful  in  the  production  of  cattle,  horses,  hogs,  sheep, 
and  poultry.  The  total  value  of  the  cattle  at  the  begin- 
ning of  the  year  1907  was  $140,057,600;  of  horses, 
$139,178,490;  of  hogs,  $81,552,750;  of  sheep,  $3,747,- 
574.  The  State  developed  its  dairy  industries  with  great 
rapidity.  In  1875  the  entire  output  was  37,862,540 
pounds  of  butter  and  1,154,803  pounds  of  cheese,  while 
at  the  close  of  twenty  years,  the  census  (1895)  gave  the 
figures  93,520,914  pounds  of  butter  and  4,628,240  pounds 
of  cheese  as  the  year’s  product.  Ten  years  later 


GROWTH,  DEVELOPMENT,  AND  CHANGE 


129 


the  census  reported  a year’s  product  of  71,181,766 
pounds  of  butter  and  2,829,745  pounds  of  cheese. 
There  were  655  creameries  in  1905,  with  a capital  of 
$2,919,092,  while  1,160  persons  had  permanent  employ- 
ment in  this  industry,  the  value  of  butter  manufactured 
for  the  year  being  $14,330,754.  At  the  same  time  there 
were  48  cheese  factories  with  an  output  of  product 
valued  at  $282,078. 

I 1 6.  Public  Education. — It  can  be  truly  said 
that  the  legal  foundations  of  common  schools  in  Iowa 
were  laid  by  the  Ordinance  of  1787,  which  declared 
that  “ schools  and  the  means  of  education  shall  for- 
ever be  encouraged.”  This  Governmental  pledge 
belonged  to  the  Territory  of  Wisconsin,  as  one  of  the 
divisions  of  the  Northwest  Territory.  Iowa  was  for  a 
time  a part  of  Wisconsin,  and  the  Organic  Act  that 
created  Iowa  Territory,  separating  it  from  Wisconsin, 
declared  that  “ its  inhabitants  shall  be  entitled  to  all 
the  rights,  privileges,  and  immunities,  heretofore 
granted  and  secured  to  the  Territory  of  Wisconsin.” 
These  fundamental  beginnings  on  the  part  of  the 
United  States  Congress  were  followed  very  auspiciously 
by  the  message  of  Governor  Lucas  in  1838,  in  which 
he  recommended,  “the  establishing  at  the  commence- 
ment of  our  political  existence  of  a well  digested 
system  of  public  schools.  ’ ’ 

I I 7.  The  First  School  Provisions. — With  these 
preliminary  conditions,  and  with  a people  already 
anxious  for  education,  it  was  but  to  be  expected  that 
the  First  Legislature  would  provide  a law  authorizing 
the  organization  of  public  schools.  This  law  went 
into  effect  January  1,  1839,  and  provided  that  the 


HISTORY  OF  IOWA 


r3° 

schools  should  be  opened  to  free  white  citizens  between 
the  ages  of  four  and  twenty-one.  It  was  not  very 
complete,  as  these  legislators  were  not  much  experi- 
enced in  law  making,  and  they  did  not  have  a single 
statute  of  other  States  at  hand  to  copy  and  revise, 
but  it  was  a good  beginning,  and  showed  that  the 
spirit  within  them  was  in  harmony  with  the  famous 
Ordinance  of  1787,  and  the  Organic  Act  that  created 
Iowa  Territory  in  1838.  The  governor  had  recom- 
mended a township  system,  but  the  law  provided  for 
a district  system,  the  legislature  considering  that  plan 
of  organization  more  practical  at  that  time.  It 
still  is  maintained  in  the  majority  of  Iowa  communi- 
ties, although  State  superintendents  of  public  instruc- 
tion and  prominent  educators  have  universally  recom- 
mended a change  to  the  township  system. 

I 1 8.  The  Constitutional  Provisions. — The  Con- 
stitutions of  1844  and  1846  both  had  an  article 
concerning  education  and  school  lands,  provided  for 
“the  appointment  of  a Superintendent  of  Public 
Instruction,”  and  also  that  “the  Legislature  shall 
encourage,  by  all  suitable  means,  the  promotion  of 
intellectual,  scientific,  moral  and  agricultural  improve- 
ment.” It  also  provided,  that  “ the  proceeds  of  all 
lands  that  have  been  or  hereafter  may  be  granted  by 
the  United  States  to  this  State  for  the  support  of 
schools,  and  the  five  hundred  thousand  acres  of  land 
granted  by  Congress  to  the  new  states,  and  also  sec- 
tion sixteen  in  every  congressional  township,  shall  be 
inviolably  appropriated  to  the  support  of  schools 
throughout  the  State.”  Again  it  provided  that  “the 
Legislature  shall  provide  for  a system  of  common 


GROWTH,  DEVELOPMENT,  AND  CHANGE  I3I 

schools  by  which  a school  shall  be  kept  up  and  sup- 
ported in  each  school  district  at  least  three  months  in 
every  year.”  Again  it  states  that  ‘‘the  Legislature 
shall  provide  for  the  establishment  of  libraries  as  soon 
as  the  circumstances  of  the  State  will  permit.’’ 

I I 9.  Early  Method  of  Support  of  Schools. — In 
the  beginning,  schools  were  supported  by  rate  bills 
paid  by  the  patrons,  the  school-houses  being  erected 
by  public  taxation.  With  the  development  of  the 
State  and  the  demand  for  better  schools,  the  system  of 
support  naturally  became  a part  of  legislation.  Janu- 
ary 15,  1846,  it  was  provided  by  law  that  the  schools 
could  be  supported  by  the  assessment  of  a school 
tax,  but  even  then  the  amount  able  to  be  raised  was 
not  sufficient,  and  it  was  supplemented  by  a rate-bill 
system.  Governor  Grimes,  in  1854,  in  his  first  mes- 
sage, advocated  such  amendment  to  the  laws  as  would 
make  the  public  schools  absolutely  free  to  the  patrons, 
allowing  the  taxable  property  to  pay  the  necessary 
expenses. 

120.  The  Public  School  Strengthened. — The 
legislature  of  1854  therefore  revised  and  improved 
the  school  laws,  giving  the  people  and  the  school 
board  increased  authority  and  a larger  support  fund 
to  pay  teachers  and  contingent  expenses.  Many  of 
the  school  districts,  particularly  of  the  cities,  at  once 
took  advantage  of  the  new  law,  and  rapid  progress 
occurred  at  once  in  public  elementary  education.  The 
city  superintendent  and  the  high  school  also  now 
appeared,  the  honor  for  the  first  of  each  of  these  belong- 
ing to  Dubuque,  who  established  the  office  and  the 
school  in  1856.  The  city  training  school  for  teach- 


132 


HISTORY  OF  IOWA 


ers  appeared  in  Davenport  the  following  year,  to- 
gether with  the  employment  of  its  first  city  superin- 
tendent. 

121.  The  State  Board  of  Education. — With  the 

constitution  of  1857,  there  came  a modification  of  the 
State  system.  The  State  board  of  education  assumed 
control,  and  the  office  of  State  superintendent  of  pub- 
lic instruction  was  abolished.  This  board  was  a use- 
less and  powerless  body,  because,  while  granted  legis- 
lative power,  yet  the  legislative  assembly  was  able  to 
repeal  any  legislation  performed  by  the  board  of  edu- 
cation, and  hence  this  conflict  in  authority  prevented 
any  results  of  any  importance.  As  the  constitution 
permitted  a change  without  admendment,  the  general 
assembly  abolished  this  board  March  23,  1864. 

During  the  existence  of  this  board,  the  Secretary 
of  the  Board  of  Education  had  been  substituted 
for  the  office  of  superintendent  of  public  instruc- 
tion, but  the  law  of  March  23,  1864,  again  restored 
the  original  office  of  superintendent  of  public  instruc- 
tion. 

1 22.  Horace  Mann  and  Iowa. — The  codifying  of 
the  school  laws  became  a prominent  question  as  early 
as  July  2,  1856,  when  the  condition  of  affairs  caused 
Governor  Grimes  to  recommend  that  three  competent 
persons  be  selected  to  revise  all  the  laws  on  the  sub- 
ject of  schools  and  school  lands,  and  make  report  to 
the  assembly.  This  suggestion  became  a law  July  14, 
1856,  and  the  governor  appointed  Horace  Mann  of 
Ohio  (late  secretary  of  the  State  board  of  education  of 
Massachusetts,  and  one  of  the  most  prominent  edu- 
cators in  the  Union),  Amos  Dean  of  New  York  (acting 


GROWTH,  DEVELOPMENT,  AND  CHANGE  1 33 

chancellor  of  the  State  University  of  Iowa)  and  F.  E. 
Bissell  (an  attorney  of  Dubuque),  the  commissioners. 
The  work  desired  was  promptly  done,  and  a report 
made  to  the  assembly  through  the  governor  ; but  no 
action  was  ever  taken  on  it  as  a whole,  though  some 
use  was  doubtless  made  of  the  same,  in  constructing 
the  law  of  March  12,  1868,  since  a number  of  the 
recommended  features  were  adopted.  This  law  pro- 
vided for  a county  superintendent  of  schools,  for  a 
county  teachers’  institute  at  the  expense  of  the  State, 
recognized  the  State  University  as  the  head  of  the 
public  educational  system,  and  provided  for  the 
opening  of  a normal  department  in  connection  with 
the  University  that  would  grant  free  instruction  to 
teachers. 

In  1874,  the  institute  system  was  modified  by  continuing  the 
State  appropriation  of  $50  for  each  county  each  year,  increasing  the 
power  of  the  county  superintendent  in  regard  to  the  management  of 
institutes,  providing  for  the  holding  of  normal  institutes  annually, 
when  the  schools  were  not  in  session,  and  providing  a fee  of  one 
dollar  for  each  examination  for  a teacher’s  certificate,  and  also  the 
fee  of  one  dollar  for  enrollment  as  a member  of  an  institute;  thus 
creating  a fund  for  the  support  of  these  valuable  summer  schools 
for  teachers.  Great  benefit  has  been  derived  from  these  means, 
of  preparing  of  a corps  of  teachers  for  the  public  schools  of  the 
State. 

I 23.  Education  not  Supported  by  Public  Taxa- 
tion.— Outside  of  the  public  schools  and  higher  State 
educational  institutions,  there  are  colleges,  seminaries 
and  parochial  schools  supported  by  churches  and 
other  benevolent  organizations.  There  are  more  than  250 
such  schools,  employing  over  2,000  instructors,  of  whom 
half  are  of  strictly  collegiate  grade.  They  enroll  over 
40,000  students,  and  each  year  graduate  more  than  3500. 


*34 


HISTORY  OF  IOWA 


124.  Other  Educational  Influences. — Under  the 
laws  of  the  State,  free  public  libraries  can  be  estab- 
lished in  cities  and  towns.  Many  such  libraries  are 
in  existence,  reporting  about  600,000  volumes.  The 
State  library  has  over  90,000  volumes  and  is  one  of 
the  best  law  libraries  in  the  Union.  There  are  pub- 
lished in  the  State  more  than  1,000  periodicals  and 
newspapers,  with  a circulation  of  about  2,750,000  copies. 
The  teachers’  institutes  and  conventions  and  also  the 
farmers’  institutes  are  useful  as  educational  agencies. 
Such  organizations  are  authorized  in  every  county,  and 
can  hold  at  least  an  annual  session,  and  are  encouraged 
and  financially  aided  by  the  State. 

125.  State  Board  of  Control. — From  time  to  time 
the  State  has  provided  institutions  for  the  insane,  the 
reform  and  correction  of  offenders,  the  education  of  the 
people,  and  the  care  or  training  of  the  unfortunate  and 
deficient  classes.  (Chapter  IX.)  As  these  institutions 
were  founded,  the  several  legislatures  provided  some 
system  of  management  by  the  creation  of  a separate 
board  for  each  one,  whose  duties  and  membership  were 
regulated  by  the  character  and  the  mission  of  the  insti- 
tution established.  This  system  of  organization  was  a 
source  of  much  trouble  to  the  several  State  officers  in 
making  their  biennial  reports  to  the  governor,  and  also 
was  unsatisfactory  to  the  general  assembly  because  of 
the  difficulty  to  know  the  comparative  needs  of  these 
institutions  in  providing  for  their  support  and  main- 
tenance. Hence,  in  1898,  the  twenty-seventh  general 
assembly  abolished  the  several  separate  systems  of 
independent  management  and  organized  a new  system 
under  one  single  management,  the  Board  of  Control  of 


GROWTH,  DEVELOPMENT,  AND  CHANGE 


135 


State  Institutions,  often  called  the  “ State  Board  of 
Control.”  This  board  *was  granted  complete  author- 
ity regarding  the  management  of  all  the  State  institu- 
tions excepting  the  university,  the  agricultural  college, 
and  the  normal  school,  over  which  institutions  it  has 
supervisory  control.  It  was  thought  best  to  leave  the 
internal  management  of  the  educational  institutions  to 
their  respective  boards  as  they  formerly  existed,  but  to 
include  them  under  the  Board  of  Control  so  far  as 
the  financial  management  of  their  affairs  is  concerned. 
This  Board  of  Control,  consisting  of  three  members 
appointed  by  the  governor  with  the  approval  of  two- 
thirds  of  the  Senate  in  executive  session,  assumed 
authority  July  i,  1898. 


PART  II 


CIVIL  GOVERNMENT  OF  IOWA 
CHAPTER  XI 

LOCAL  GOVERNMENT 

1 26.  The  Formation  of  the  American  Union. — 
The  United  States  is  one  nation  made  by  the  volun- 
tary union  of  many  States.  Its  motto,  E pluribus 
Unum,  one  from  many,  describes  its  peculiarity  in 
this  particular.  At  the  close  of  the  Revolution,  the 
thirteen  American  Colonies,  having  secured  their  inde- 
pendence of  English  control,  might  have  become 
thirteen  separate  States,  each  independent  of  the 
others,  like  the  several  States  of  continental  Europe; 
but,  realizing  that  there  is  strength  and  safety  in 
union,  they  agreed  to  unite  under  a central  govern- 
ment. In  forming  this  union,  they  did  not  give  up 
all  their  rights  as  States,  but  simply  agreed  upon  the 
rights  which  they  would  resign  and  the  authority 
which  they  would  grant  to  the  Central  Government. 

127.  The  Constitution. — This  agreement  is  re- 
corded in  the  Constitution  of  the  United  States,  and 
can  be  changed  only  by  the  formal  consent  of  three- 
fourths  of  the  States  composing  the  Union.  (Consti- 
tution of  the  United  States,  Art.  V.)  The  powers 
which  belong  to  the  Central  or  Federal  Government 

136 


LOCAL  GOVERNMENT 


*37 


are,  then,  only  such  powers  as  are  granted  to  it  in 
the  Constitution.  The  Constitution  is  the  fundamental 
law  of  the  land,  on  which  all  other  laws  must  be 
based.  The  Federal  Government  may  make  such  laws 
and  treaties  as  are  consistent  with  the  Constitution, 
and  the  Constitution,  laws,  and  treaties  of  the  United 
States  are  the  supreme  law  of  the  land.  (Constitution 
of  the  United  States,  Art.  VI.,  2.)  We  have  then 
the  following  outline: 

The  Supreme  Law  of  the  land,  comprising: 

1.  The  Constitution  or  fundamental  law. 

2.  The  United  States  laws  or  statutes. 

3.  Treaties. 

1 28.  The  Reserved  Rights  of  the  States. — The 
powers  not  resigned  by  the  several  States,  or  granted 
to  the  General  Government,  are  retained  by  the  States. 
(Constitution  of  the  United  States,  Amendment  X.) 
The  State  may,  then,  exercise  any  power  not  inconsis- 
tent with  the  supreme  law  of  the  land.  Anything 
which  is  inconsistent  with  the  Constitution  is  said  to 
be  unconstitutional , and  any  act  or  law  pronounced 
unconstitutional  by  the  United  States  Supreme  Court 
is  null  and  void.  The  Supreme  Court  cannot  decide 
upon  the  constitutionality  of  a law  unless  some  one 
suffering  under  that  law  appeals  to  that  court  against 
the  enforcement  of  the  law.  The  late  decision  on  the 
income  tax  law,  by  which  it  was  declared  unconstitu- 
tional, is  an  example  illustrating  this  fact,  (Read 
Current  History , Vol.  IV.,  p.  537,  and  Vol.  V.  pp. 
271-284.)  There  are  now  (1908)  forty-six  States  in 
the  Union.  Our  own  State,  Iowa,  is  one  of  these, 
having  been  admitted  into  the  Union  in  the  year  1845, 


138  CIVIL  GOVERNMENT  OF  IOWA 

(31-40).*  Every  state  has  its  own  constitution, 

adopted  by  the  people  of  the  State  and  approved  by 
Congress.  (Constitution  of  United  States  Art.  IV., 
3,  1.)  These  constitutions  must,  of  course,  be  con- 
sistent with  the  Constitution  of  the  United  States, 
and  must  insure  a republican  form  of  govern- 
ment. (Constitution  of  the  United  States,  Art.  IV., 
4>  1.) 

1 29.  The  State  Divided  into  Counties  and 
Townships. — Every  State  is  divided  into  counties  for 
governmental  purposes.  In  Louisiana  these  divisions 
are  called  4 ‘ parishes.  ’ ’ Iowa  has  ninety-nine  coun- 
ties, and  each  county  is  divided  into  civil  townships 
for  the  purposes  of  local  government.  Besides  the 
civil  townships,  there  are  congressional  townships  and 
school  townships.  We  have  then: 

1.  Congressional  townships,  for  the  purpose  of 
locating  land. 

2.  School  townships,  for  school  purposes. 

3.  Civil  townships,  for  local  government  purposes. 

130.  The  Congressional  Township. — This  has 
its  origin  in  the  land  ordinance  of  1785  (297),  and  is 
the  result  of  a system  of  surveys  ordered  by  the  Fed- 
eral Government  in  all  the  new  territory  belonging  to 
the  United  States  at  the  close  of  the  Revolution. 
'"These  Congressional  surveys  are  not  found  in  the  thir- 
teen original  States,  as  they  had  their  land  all  surveyed 
and  recorded  at  the  county  offices  by  the  old-fashioned 
system.  This  is  also  true  of  Tennessee  and  Kentucky. 
Texas  came  into  the  Union  with  a system  of  surveys 

* Figures  refer  uniformly  to  paragraphs  in  this  work,  unless  other- 
wise stated. 


LOCAL  GOVERNMENT 


139 


of  its  own,  and  parts  of  New  Mexico  and  California, 
when  annexed  to  the  United  States,  had  the  old  Mex- 
ican basis  of  land  ownership.  The  other  new  States 
have  Congressional  surveys  and  townships. 

131.  The  Plan  of  the  Survey. — A line  is  located, 
running  due  north  and  south,  called  a principal 
meridian,  and  a line  at  right  angles  to  this,  called  a 
base  line.  Lines  are  surveyed  parallel  to  the  base 
line,  six  miles  apart,  and  other  lines,  six  miles  apart, 

DIAGRAM  TO  ILLUSTRATE  THE  LOCATION  OF  LAND 
BY  CONGRESSIONAL  TOWNSHIPS. 


Township 

3 

North 

Township 

3 

North 

MERIDIAN 

Township 

2 

North 

BASE 

PRINCIPAL 

Township 

1 

North 

LINE 

Range  3 
West 

Range  2 
West 

Range  1 

West  x 

8- 

b. 

iZ 

Range  1 
East 

Range  2 
East 

0 

5 

4 

3 

2 

1 

Tp.  2 S. 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

Range  3 W. 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

140 


CIVIL  GOVERNMENT  OF  IOWA 


parallel  to  the  principal  meridian.  (See  diagram.)  This 
divides  the  land  into  squares  six  miles  on  a side,  which 
are  called  townships.  The  whole  row  of  townships  just 
east  of  the  principal  meridian  is  called  range  one  east, 
and  other  ranges  are  numbered  as  shown  in  the  diagram. 
In  each  range  the  township  just  north  of  the  base  line 
is  called  township  one  north,  the  one  just  south  of  the 
base  line  is  called  township  one  south,  and  so  on.  A 
little  study  of  the  diagram  will  enable  one  to  locate 


Location  of  six  of  the  Principal  Meridians  and  their  Base  Lines 
for  Congressional  Township  Surveys. 


any  township  in  the  system.  There  are  twenty-four 
principal  meridians,  six  of  which  are  known  by  number ; 
the  rest  have  received  special  names,  such  as  Salt 


LOCAL  GOVERNMENT 


141 

Lake  meridian.  The  first  principal  meridian  was 
established  on  the  border  line  of  Ohio  and  Indiana, 
the  second  in  Indiana,  the  third  and  fourth  in  Illinois. 
The  fifth,  beginning  at  the  junction  of  the  Mississippi 
and  Arkansas  rivers,  runs  north  through  Arkansas, 
Missouri,  and  Iowa,  and  serves  as  a basis  for  the  sur- 
veys in  those  States  and  Minnesota.  The  base  line 
for  this  meridian  passes  through  the  junction  of  the 
St.  Francis  and  Mississippi  rivers  in  Arkansas.  The 
sixth  principal  meridian  is  in  Kansas  and  Nebraska. 


Correction  Lines:  All  lines  surveyed  north  and  south 
will,  of  course,  if  extended  far  enough,  meet  at  the 
north  pole.  These  north  and  south  lines  therefore 


142 


CIVIL  GOVERNMENT  OF  IOWA 


converge,  making  the  townships  a little  narrower  as 
they  are  further  and  further  north.  To  avoid  this 
shrinkage  in  width,  the  surveyors  make  what  are  called 
correction  lines,  occasionally  starting  the  surveys 
anew,  and  making  the  south  line  of  the  new  township 
full  six  miles  in  length.  There  are  four  such  correc- 
tion lines  in  Iowa:  one  on  the  southern  boundary,  one 
through  Des  Moines,  one  running  through  Independ- 
ence, in  Buchanan  county,  and  one  along  the 
northern  boundary  of  the  State.  The  preceding  figure 
illustrates  the  necessity  for  these  correction  lines. 
(Of  course  the  convergence  is  exaggerated  in  the 
figure). 

1 32.  The  Division  of  the  Township  into  Sec- 
tions.— The  township  is  divided  into  thirty-six  squares, 
one  mile  on  a side,  called  sections,  and  numbered  as 
in  the  figure  below.  Each  section  is  divided  into 
halves,  quarters,  and  smaller  divisions,  for  the  location 
of  farms.  This  plan  is  illustrated  and  explained  in 
the  figure  (p.  143),  and  should  be  made  thoroughly 
familiar  to  the  pupil. 

1 33.  The  School  Township. — The  school  town- 

ship, often  called  tbe  school  district,  must  coincide  in 
area  with  the  civil  township,  except  as  independent 
districts  encroach  upon  its  boundaries.  * (134.) 

1.  The  school  township  is  divided  into  sub-districts, 
and  the  board  of  school  directors  of  the  district  con- 
sists of  one  member  from  each  sub-district  with  one 
director  at  large  if  necessary  to  make  the  whole 
number  odd.  Code  § 2752  and  Laws  of  1898.  These 
directors  are  elected  for  a term  of  one  year. 

* Exceptions  also  occur  in  case  of  intervening  obstacles,  such  as 
streams.  Code  § 2743  note  and  § 2791. 


LOCAL  GOVERNMENT 


143 


TOWNSHIP  89  N.,  RANGE  14  W.,  DIVIDED  INTO  SEC- 
TIONS  AND  QUARTER  SECTIONS. 


0 

5 

n 4 

3 

2 

Sec. 

1 

7 

8 

9 

10 

11 

12 

18 

17 

School 

16 

Land 

15 

14 

13 

19 

20 

21 

22 

23 

iHH 

2 

4 

30 

29 

^2^28 

wm 

27 

26 

25 

31 

32 

33 

34 

35 

36 

The  darkened  part  of  section  24  would  be  described  as  the  N.  W. 
% of  Sec.  24,  Tp.  89  N.,  R.  14  W.,  of  the  5th  Principal  Meridian. 

The  darkened  part  of  section  25  would  be  described  as  the  N.  E. 
]i  of  the  N.  E.  X of  Sec.  25,  Tp.  89,  N.,  R.  14  W.,  of  the  5th  Prin- 
cipal Meridian. 

The  darkened  part  of  section  28  would  be  described  as  the  N.  l/2 
of  the  S.  W.  X Sec.  28,  Tp.  89  N.,  R.  14  W.,  of  the  5th  Princi- 
pal Meridian. 

Note. — A large  map  is  published  by  the  Federal  Government, 
showing  all  the  Congressional  surveys  in  the  United  States.  By 
means  of  this  map,  students  may  locate  any  city  or  village  in  his  own 
or  any  other  State  where  Congressional  surveys  exist.  Smaller  maps 
of  Iowa  can  be  purchased  giving  the  surveys  for  Iowa,  and  a student 
should  practice  locating  the  towns  of  Iowa.  We  would  suggest  the 
location  of  the  following  cities:  Atlantic,  Boone,  Burlington,  Cedar 

Falls,  Clinton,  Cedar  Rapids,  Council  Bluffs,  Charles  City,  Creston, 
Des  Moines,  Dubuque,  Fort  Dodge,  Grinnell,  Indianola,  Iowa  City, 
Keokuk,  Le  Mars,  Marshalltown,  Oskaloosa,  Ottumwa,  Sioux  City, 
Waterloo.  Webster  City,  and  Winterset. 


144 


CIVIL  GOVERNMENT  OF  IOWA 


2.  The  officers  of  the  board  of  directors  are  a presi- 
dent, elected  by  the  board  from  its  own  members  at 
the  annual  organization  meeting,  and  a secretary  and  a 
treasurer  who  are  elected  by  the  board  from  outside  its 
membership.*  The  president  acts  as  chairman  of  the 
board,  signs  all  contracts  with  teachers,  draws  all  drafts 
for  county  money,  and  signs  all  orders  on  the  treasurer. 
The  secretary  keeps  a record  of  the  proceedings  of  the 
board,  makes  a report  to  the  county  superintendent, 
countersigns  all  orders  on  the  treasurer,  and  keeps  an 
account  of  the  expenses  of  the  school  township,  report- 
ing the  same  to  the  board. 

3.  School  Funds. — The  school  moneys  are  kept  in 
four  separate  funds,  the  teachers’,  school  house,  school 
building  bond,  and  contingent  funds.  The  treasurer 
keeps  a separate  account  with  each  fund,  and  the  secre- 
tary draws  from  each,  as  the  case  may  demand,  having 
a check-book  for  each  fund. 

4.  Independent  Districts. — Besides  the  school 
township,  there  are  various  kinds  of  independent  dis- 
tricts. Independent  districts  in  cities  of  the  first  class 
and  in  cities  under  special  charters  have  a board  of 
directors  consisting  of  seven  members.  Independent 
districts  in  cities  of  the  second  class,  towns  and  villages 
have  boards  of  five  members,  and  rural  independent 
districts  have  boards  of  three  members  as  a rule,  but 
five  in  districts  which  were  formerly  allowed  six.  (Code 
§ 2754  as  revised  by  the  Laws  of  1898.) 

* In  districts  composed  in  whole  or  in  part  of  towns  or  cities,  the 
treasurer  is  elected  by  the  people  for  a term  of  two  years.  (Code 
§ 2754  as  revised  by  the  Laws  of  1898.) 


CHAPTER  XII 


TOWNSHIP  GOVERNMENT 

134.  The  Civil  Township. — The  State  govern- 
ment, with  certain  restrictions  laid  upon  it  by  the  State 
constitution,  and,  of  course,  by  the  United  States  su- 
preme law,  has  complete  control  of  the  county  and 
township;  but  the  State  legislature  has  by  law  allowed 
the  local  governments  much  discretion  in  the  manag- 
ing of  local  affairs,  only  prescribing  the  general  plan 
of  government  in  each.  Every  county  is  divided  into 
civil  townships  for  purposes  of  government.  The 
number  and  boundaries  of  these  townships  are  deter- 
mined by  the  supervisors,  and  may  be  changed  by  the 
supervisors  when  occasion  demands  it.  See  map  of 
townships  in  Black  Hawk  county  (158).  “If  the  con- 
gressional township  lines  are  not  adopted  and  followed, 
the  board  shall  not  change  the  lines  of  any  civil  town- 
ship so  as  to  divide  any  school  township  or  district, 
unless  a majority  of  the  voters  of  said  school  township 
or  district  shall  petition  therefor.”  Code  § 551.*  If 
there  be  within  the  limits  of  any  township  an  incor- 
porated city  or  town  of  over  fifteen  hundred  inhabitants, 
such  city  or  town  may,  on  the  petition  of  a majority 
of  the  voters  in  the  rural  part  of  the  township,  be  set 
apart  by  the  board  of  supervisors  as  a separate  town- 
ship. Code  § 554. 

1 35.  Officers  of  the  Civil  Township. — As  a rule, 

* References  to  the  Code  are  uniformly  to  Code  of  Iowa , 
1897. 


145 


146 


CIVIL  GOVERNMENT  OF  IOWA 


any  legal  voter  is  eligible  to  any  local  or  county  office. 
The  eligibility  of  women  to  certain  offices,  notably  the 
county  superintendency  of  schools,  has  been  formally 
recognized.  The  requirements  in  candidates  for  the 
various  State  officers  will  be  mentioned  in  the  proper 
place. 

The  officers  of  the  civil  township  are  given  in  the 
following  table : 

TOWNSHIP  OFFICERS. 


NAMES  OF  OFFICERS. 

NO. 

TERM. 

HOW  PAID. 

HOW  CHOSEN. 

Trustees 

3 

2 yrs. 

Per  diem  & fees. 

By  the  people. 

Clerk  

1 

2 yrs. 

Per  diem,  per- 
centage, fees. 

By  the  people. 

Assessor 

1 

2 yrs. 

Per  diem 

By  the  people. 

Superintendents  of 
Roads 

* 

Per  diem 

By  the  trustees. 

Constables 

2 

2 yrs. 

Fees  to  a lim- 
ited amount. . 

By  the  people. 

Justice  of  the  Peace 

2 

2 yrs. 

Fees  to  a lim- 
ited amount. 

By  the  people. 

*Not  more  than  four. 


When  a city  or  incorporated  town  is  situated  in  a 
township,  the  township  may  order  the  election  of  one 
or  two  additional  justices  and  constables,  and  at  least 
one  justice  and  one  constable  must  reside  in  the  town. 
The  rural  part  of  the  township  and  the  municipality 
must  have  separate  assessors,  each  choosing  its  own 
officer.  If  a person  refuses  to  serve  when  he  has  been 
elected  to  a township  office,  he  must  forfeit  the  sum 
of  five  dollars  to  the  use  of  the  school  fund,  but  he  can- 
not be  required  to  serve  as  a township  officer  two 
terms  in  succession.  Code , § 575. 

1 36.  Bonds. — Most  officers  of  the  State  and  local 


TOWNSHIP  GOVERNMENT 


147 


government,  have  to  give  a bond  for  the  faithful  per- 
formance of  their  duties;  that  is,  they  have  to  find 
some  one  who  will  sign  an  agreement  to  pay  to 
the  State  a certain  sum  of  money,  if  it  is  needed  to 
make  good  to  the  State,  county,  or  township  any  loss 
caused  by  the  unfaithfulness  of  said  officer.  Of  late 
years  there  have  been  formed  great  fidelity  companies 
( Code , § 360),  like  fire  insurance  companies,  which  will 
give  such  a bond  for  any  man  of  good  standing,  if  he 
will  pay  them  a certain  sum,  small  in  a single  case, 
but  affording  a large  revenue  in  the  aggregate.  This 
plan  has  proved  a very  good  one  for  all  parties,  and 
such  a bond  is  coming  to  be  preferred  to  a private 
bond  inasmuch  as  it  is  a purely  business  affair,  and  the 
company  is  personally  interested  to  capture  the  crimi- 
nal in  case  a fraud  is  perpetrated  by  an  officer  for 
'whom  the  company  has  given  its  bond.  The  gover- 
nor, lieutenant  governor,  members  of  the  General 
Assembly,  judges  of  courts,  county  supervisors,  town- 
ship trustees,  and  aldermen  and  councilmen  of  towns 
and  cities  are  not  required  to  give  bond.  All  other 
civil  officers,  except  as  especially  otherwise  provided, 
must  give  bond.  Code  §§  1182-1183. 

137.  Remuneration. — The  civil  officers  of  Iowa 
are  paid  in  various  ways:  first,  by  yearly  salaries; 
second,  per  diem  (so  much  a day  for  actual  work); 
third,  by  fees,  or  specific  sums  for  specified  services; 
and,  fourth,  by  a percentage  on  collections.  It  is 
hardly  worth  the  effort  required  to  memorize  the  ex- 
act amounts  paid  in  each  case,  but  it  may  be  well  to 
keep  in  mind  the  way  in  which  each  officer  is  paid, 
whether  by  fees  or  salaries. 


148 


CIVIL  GOVERNMENT  OF  IOWA 


138.  Township  Elections. — Most  of  our  civil  officers 
are  chosen  at  the  general  election,  which  occurs  on  the 
Tuesday  following  the  first  Monday  in  November — in 
even-numbered  years  only,  since  1904.  The  officers 
of  our  cities  and  towns  are  selected  at  the  municipal 
elections  on  the  last  Monday  in  March.  The  school 
elections  of  the  township  are  held  on  the  first  Monday 
in  March;  those  of  the  independent  districts  are  held 
on  the  second  Monday  in  March. 

139.  Duties  of  Township  Trustees. — The  township 
trustees  have  two  regular  meetings  each  year,  and  as 
many  other  meetings  as  may  be  necessary.  One  regu- 
lar meeting  is  on  the  first  Monday  in  April,  or  as  soon 
thereafter  as  the  assessment  book  is  received  by  the 
township  clerk;  and  the  other  is  on  the  first  Monday  in 
November. 

Among  the  important  matters  in  local  government 
with  which  the  township  trustees  have  to  do,  we  call 
attention  to  the  following : 


(6.)  Fences, 

(7.)  Public  money, 
(8.)  Public  buildings, 
(9.)  Public  grounds. 


(1.)  Taxes, 

(2.)  Public  highways, 

(3.)  Elections, 

(4.)  Health, 

(5.)  Poor, 

i.  The  township  trustees  levy  the  road  taxes.  Their 
levy  is  based  on  the  estimated  need  of  road  scrapers  and 
graders,  lumber,  and  other  material,  and  the  amount  of 
labor  needed  to  keep  the  roads  in  good  condition.  This 
levy  is  made  at  the  April  meeting  of  the  board.  At  this 
meeting  also  the  trustees  sit  as  a board  of  review  for 
the  equalization  of  taxes  between  individuals,  as  stated 
below  (144). 


TOWNSHIP  GOVERNMENT 


149 


2.  The  road  tax  is  collected  by  the  county  treasurer, 
and  turned  over  by  him  to  the  township  clerk.  The 
law  also  requires  each  able-bodied  male  resident  of  the 
town  between  the  ages  of  twenty-one  and  forty-five,  to 
give  two  days’  labor  upon  the  roads  each  year.  The 
township  trustees  direct  the  expenditure  both  of  the 
labor  thus  owing  to  the  town,  and  of  the  money 
raised  by  the  road  tax.  They  may  have  the  work  on 
the  roads  done  by  contract,  or  they  may  appoint  one  or 
several  superintendents  of  roads  to  oversee  the  work, 
under  their  direction;  or  they  may  have  part  of  the 
work  done  by  one  method  and  part  by  the  other.  But 
they  must  cause  both  the  property  and  the  poll  road  tax 
to  be  fairly  expended  for  road  purposes  in  the  entire 
township. 

This  plan  of  working  the  roads  is  called  the  one-road- 
district  plan.  It  was  first  made  legal,  at  the  option  of 
the  trustees,  by  the  twentieth  general  assembly,  and  in 
1903,  by  act  of  the  twenty-ninth  general  assembly,  it 
was  made  compulsory  in  all  townships.  Before  that  time, 
the  trustees  had  divided  the  township  into  a number  of 
road  districts,  and  each  district  had  its  own  road  super- 
visor, who  had  charge  of  the  roads  and  was  nearly 
independent  of  the  township  trustees.  The  new  plan 
is  a step  in  the  direction  of  securing  better  roads 
throughout  the  State.  (See  Diagram,  page  154.) 

3.  The  trustees  determine  the  place  of  holding  elec- 
tions, act  as  judges  of  elections  (215),  and  canvass  the 
results,  reporting  the  same  through  the  clerk  to  the 
county  auditor  for  the  inspection  of  the  supervisors, 
who  are  the  canvassing  board  for  the  county.  The 
boards  of  supervisors  of  the  various  counties  report  to 


150  CIVIL  GOVERNMENT  OF  IOWA 

the  executive  council  at  Des  Moines,  who  make  an 
abstract  of  the  returns  from  the  counties  and  give  the 
official  report  of  the  results  of  the  elections. 

The  accompanying  table  on  the  next  page  gives  a 
consolidation  of  the  votes  of  Black  Hawk  county  in 
the  general  election  of  1893. 

4.  As  a board  of  health  for  the  township,  the 
trustees  pass  regulations  touching  nuisances  and  all 
sources  of  disease,  including  rules  for  quarantining 
persons  afflicted  with  contagious  diseases. 

5.  They  act  as  a board  of  overseers  for  the  poor, 
making  suitable  provision  for  the  unfortunate  who  are 
suffering  for  lack  of  the  necessaries  of  life.  If  proper 
provision  is  not  made  by  the  trustees,  the  matter  may 
be  referred  to  the  county  supervisors,  who  have  final 
control  in  the  matter.  All  bills  are  paid  by  the 
county.  In  many  counties,  a poor  farm  is  established 
for  the  purpose  of  caring  for  such  indigent  people.  If 
parties  from  other  counties  or  other  States  move  into 
any  county,  and  give  evidence  of  inability  to  care  for 
themselves,  they  may  be  warned  to  return  to  their  own 
homes ; but,  if  not  warned  within  a year  after  their 
arrival,  they  obtain  residence  in  that  county  and  must 
be  cared  for  there.  If,  having  been  warned  within 
the  year,  they  do  become  dependent  upon  the  county, 
they  may  be  returned  to  their  home  county  at  the  ex- 
pense of  that  county. 

6.  The  trustees  are  ex-ojjiciis  the  fence  viewers  of  the 
township,  with  power  to  settle  disputes  over  partition 
fences. 

7.  The  trustees  must  exercise  careful  supervision 
over  the  spending  of  public  money.  At  their  Novem- 


VOTES  OF  BUCK-HAWK  COUNTY  IN  THE  GENERAL  ELECTION  OF  1693. 


TOWNSHIP  GOVERNMENT 


I5I 


3 

O J 

•uo;;na 

i a .cooieoao  — tp 

— Tp©4 

TP  — CO 

• 04C04>  • • — — -k©  -04  | 

I" 

Q fc 
<J  o 
§35 

J M 

•^IPI 

. . ^ — — - — 04 

; ; W ; 

; ; 

— -CO 

— 04  CO  • • -Tpk©  — 04C0—  | 

I" 

•nBnxAvog 

CO  CO  GO  — 05  t>»  £-*  0-* 
05  0500  04COl>  — 00 

oooeo 

— Tp  CO 

©4  — 

05  04  CO 
TP  — CO 

i>-  — o — 04  O CO  CO  TP  CO  CO  GO  1 
J>OOt>kO©4I>CO©kOCOGOi> 

1 >c 

X 
04 
1 04 

< ^ 

CD1>  — C0O5O5O5CO 
OSCOOOkOkOCOOO  — 

CO  0—  — 

RU*0 

k©  05  00 

S3  §22 

kOCOQOOkCCX)C0  1^^P  — 04  05  1 
k©  — — — CO  '"P  ©4  — CC>  GO  Tp  1 

— — 04  — — 04 

1 ao 

c- 

1 CO 

a & 

•xih 

iO  - CM  04  CO  00  — k© 

— CO  ©4 

CO  — CO 

• 04  CO  kO  • - — — • k©  -04 

Is 

« H 

•MOjpoo.AV 

• .©CSH  - — ©4 

; i 

— -CO 

— — CO  •—  • tP  CO  — 04  CO  — 

1 t'- 
kO 

& 

uagctooira 

COCOOONOJC'^CO 
0505  00  ©4  CO  i>  — GO 

C—  O CO 
— •'P  CO 
©4  — 

05  CO  TP 
Tp  — CO 

00  — O —i  CO  O CO  CO  tP  CO  CO  GO 
4>OOi>k©©4i>CO©k©COOOi> 

I 05 
Of 
1 04 

§s 

•nxqBS 

COCO  — C005050504 
O5CO00i©kOC©GO  — 

'P  00  — 
CO  ©4  CO 
CM  CO 

CO  GO  05 
CO  04  04 
04  04  — 

TPO500O4TP00COt-Tj*O4O4O5 
m — — — C0tP©4  — i>COGOTP 
— — 04  — — 04 

11 

w 

§ 

w 

•X9AJBH 

kO  -OlNMOOi-i^ 

— Tp  ©4 

TJ1  — CO 

■ 04  CO  O • • — — • k©  • 04 

|S 

« . 
ft-  H 
p P4 

•S^99AV 

. .COO—  • t-H  — 
• • <04  ; 

©4  : : 

— CO 

— — CO  • • -TPiO  — 04C0  — 

£ 

C/3  p 

H 8 
0 

'WSSlQ 

CO  CO  00  — 05  i>  1-  Tp 
05  05  00  04  CO  i>  — 00 

J>  GO  CO 

— coco 

CM  — 

05  CO  CO 
TP  — k© 

N-OO  — 040COCO  — -cpCOGO 
t— OOC-*k©©4fc— CO©k©COGOt> 

1 k© 
X 

\% 

Q 

P 

•uosniqo'a 

COCO  — C0  05  05  05tP 
O5CO00k©k©COCO  — 

tPG5  — 
00  O)  CO 
©4  CO 

04  04  — 

k©  GO  OO  O I©  GO  CO  GO  TP  — 04  05 
k©  — — — C0TPO4  — t-COQOTP 
— — 04  — — 04 

I CO 
GO 

1 CO 

pi 

o 

lO  .©4COCOOO  — tP 

— TP  ©4 

Tt<  — CO 

— 04  CO  i>  • • — — • kO  -04 

1 CO 

h 

fc 

» 

•uosjapuy 

: 

^ I 

CO  -CO 

— — CO  • • • kO  k©  — ©4  CO  — 

1“° 

> 

o 

0 

•Avo^saa 

COCOOO  — 05©J>C0 
05  05  00  04  CO  00  — CO 

NOW 
04  — 00 

05  CO  CO 
TP  — CO 

i>  ©4  © — O4©C0tPtPCO1^Q0 
J>OOt>kO©4t~COOkOCOGOt~ 

1 S3 

05 
04 
1 04 

H 

P 

•nBSnna; 

COCO  — C0O5COO5CO 
05  CO  QO  kO  k©  C©  GO  — 

IIs 

— GO  05 
CO  04  04 
04  04  — 

TpJ>Q0Ok0C»TPt-TP0404  05 
k©  — — — COtP©4  — t>COGOTp 
— — 04  — — 04 

|g 

1 CO 

qpqD^iH 

i©  -©4O4C000  — tp 

04  00  04 

04  CO  CO 

CO  CO  Tp  k©  • — — .CO  • tP 

Is 

o 

fc 

P4 

•qdbsof 

• <lCOO—  • — — 

04  • • 

CO  • Ttl 

— — 04  • • • TP  k©  ©4  ©4  CO  — 

1 

UO 

w 

> 

o 

•saiog 

OiONCOOOOOift 
05  CO  GO  ©4  TP  CO  — 00 

O 04  CO 

gIS50 

CO  10  r- 
k©  — CO 

CO©4TPk©©4©COTpk©kOCOOO 

i>OOt-k©OM>CO©k©COOOt> 

1 N 

S3 

1 04 

0 

•aos^DBf 

COCOO}  — 05t-05CO 
05  CO  GO  l©  ui  CO  GO  — 

04  00  — 
CO  04  CO 
04  CO 

00  CO  GO 
— 04  04 
04  04  — 

e©00O-00i©00C000k©k©©4  00 
kO  — — 05COTP04  — k-COOOTP 
— — — — — 04 

1 ^ 

1 co 

152 


CIVIL  GOVERNMENT  OF  IOWA 


ber  meeting  they  settle  with  the  superintendents  of 
roads  (if  any  have  been  appointed),  and  each  year  they 
file  with  the  county  board  of  supervisors  a full  and 
itemized  account  of  all  moneys  received  and  disbursed 
for  road  purposes  during  the  year. 

8.  There  are,  as  a rule,  no  public  buildings  belonging 
to  the  township ; but  a law  was  passed  by  the  twenty- 
sixth  general  assembly  in  1896,  authorizing  townships 
to  levy  a tax  to  build  public  halls  in  which  to  hold 
elections  and  public  meetings.  (Code  § 567.)  When 
this  is  done,  the  trustees  have  charge  of  building  the 
hall,  but  after  it  is  built  the  township  clerk  acts  as  its 
custodian. 

9.  In  connection  with  public  cemeteries,  the  trustees 
have  power  to  inclose,  improve,  and  adorn  the  grounds, 
construct  avenues,  erect  proper  buildings,  and  pre- 
scribe general  rules  concerning  the  management  of  the 
cemeteries.  At  their  April  meeting  they  may  levy  a 
tax  for  the  purchase  or  maintenance  of  cemeteries. 
They  also  have  the  power  to  sell  a township  cemetery 
to  a private  corporation  for  cemetery  purposes. 

140  Classification  of  Trustees. — The  board  of 
trustees,  as  we  see  from  the  above,  acts  both  as  a 
legislative  and  as  an  executive  body.  All  three  trustees 
are  now  elected  at  the  general  election,  once  in  two 
years.  Before  the  adoption  of  the  biennial  election 
plan  (in  1904),  however,  they  were  elected  one  each 
year,  for  terms  of  three  years,  and  thus  a majority  of 
the  board  were  always  experienced  members.  This  plan 
of  dividing  a governing  body  into  classes  with  terms  of 
office  expiring  at  different  times,  is  still  followed  in  the 
board  of  supervisors  and  in  the  State  senate. 


TOWNSHIP  GOVERNMENT 


153 


141*  The  Township  Clerk. — This  officer  acts  as  sec- 
retary of  the  board  of  trustees  on  all  occasions,  and 
consequently  is  the  secretary  or  clerk  of  the  board  of 
health,  the  board  of  canvassers  of  elections,  the  board 
of  review  of  taxes,  etc.  The  clerk  also  acts  as  one  of 
the  clerks  of  elections.  Immediately  after  the  election 
of  the  officers  in  his  township,  he  sends  a written 
notice  thereof  to  the  county  auditor,  stating  the  names 
of  the  persons  elected  and  the  time  of  election.  On 
the  morning  of  the  day  of  each  general  election,  before 
the  opening  of  the  polls,  he  must  post  in  the  place 
where  such  election  is  held,  a statement  showing  the 
receipts  of  money  and  disbursements  in  his  office,  such 
statement  to  be  certified  by  the  trustees  of  the  town- 
ship. He  administers  the  customary  oath  to  township 
officers,  judges  of  elections,  clerks  of  elections,  and 
superintendents  of  roads  before  they  enter  upon  the 
duties  of  their  respective  offices.  The  township  clerk 
acts  as  treasurer  of  the  township.  He  handles  the 
money  spent  on  the  township  roads,  and  has  charge  of 
the  books,  records,  and  all  township  property,  such  as 
scrapers  and  machinery  for  the  repair  of  roads. 

142-  Superintendents  of  Roads. — By  the  one-road- 
district  plan,  the  superintendents  of  roads  are  under  the 
direction  of  the  township  trustees.  They  have  nothing 
to  do  with  the  collection  of  the  property  road  tax,  but 
they  do  direct  the  working  out  of  the  poll  tax.  Under 
the  old  system  the  road  supervisor  was  also  the  collector 
of  the  property  tax  in  his  road  district ; and  each  year 
the  trustees  might  allow  a portion  of  the  property  road  tax 
to  be  paid  in  labor,  and  fixed  the  amount  to  be  allowed 
for  the  labor  of  a man,  and  for  a man  and  a team. 


154 


CIVIL  GOVERNMENT  OF  IOWA 


FORMER  ROAD  DISTRICTS  OF  CEDAR  FALLS 
TOWNSHIP,  BLACK  HAWK  COUNTY,  IOWA. 


j tiii  i 

- 2 

1 ^ 

1 6 

6 | 5 j 4 

I i 

3 

UU 

City  of 
Cedar  Falls 

7 

7 • 8 ! 

! | 

9 

10 

11 

12 

!XII  ! 

i 1 

IT 

13 

R.  13  W 

18.  ! 17 

j L 

16 

15 

14 

!xi  j 

19  ! 20 

- — ' - — 1 

21 

ra 

■BBI  OQ 

24 

III 

22  p 

n 

1 ! 

: ! 

30  ! 29 

' V j 

28 

27 

v 

IX 

26 

25 

rzv  i 

31  i 32  i 
1 1 

33 

1 

34 

35 

30 

Township  89  N.,  Range  14  W.,  of  5th  Principal  Meridian. 


Roman  numerals  indicate  old  road  districts  with  boundaries  in  heavy 
black  lines. 

Figures  indicate  sections  in  the  Congressional  Township,  with  boundaries 
in  lighter  lines. 

Notice  that  the  Civil  Township  of  Cedar  Falls  lies  mostly  in  Con- 
gressional Tp.  89  N,  R.  14  W.,  but  includes  sections  6 and  7 of  Tp.  89  N, 
R.  13  W. 

Notice  also  that  the  Municipality  of  Cedar  Falls  lies  within  the  limits 
of  Cedar  Falls  Civil  Township,  and  is  entitled  to  its  own  constables, 
justices  and  assessor.  It  also  controls  its  own  highways,  and  has  a voting 
precinct  in  each  ward. 

All  property  taxes,  including  road  tax,  are  now  payable 
to  the  county  treasurer  at  the  county  seat,  but  deputies 
are  often  appointed  in  the  larger  towns,  who  collect 
for  and  report  to  the  county  treasurer.  The  election  of 


TOWNSHIP  GOVERNMENT 


155 


township  collectors  at  the  option  of  county  super- 
visors, as  provided  for  in  McClain’s  Code  of  1888, 
§ 541,  is  not  allowed  by  the  new  law. 

143.  Constables  and  Justices  of  the  Peace. — 
Every  township  is  entitled  to  two  constables,  who  act  as 
peace  officers  and  serve  all  warrants1  for  arrest  and  for 
search  of  property,  and  all  notices  legally  directed  to 

1 WARRANT  OF  ARREST. 


STATE  OF  IOWA,  [ 

Grundy  County,  f 

To  any  Sheriff,  Constable,  Marshal,  or  Peace  Officer  in  the 
State: 

Information  upon  oath  having  been  this  day  laid  before  me  by .... 

that  the  crime  of. 

' has  been  committed , and  accusing 


thereof: 

You  are  therefore  commanded  forthwith  to  arrest  the  above  named 


and  bring before  me  at  my  office  in 

or  in  case  of  my  absence  or  inability  to  act , before  the  nearest  or 
most  accessible  Magistrate  in  this  county . 

Witness  my  hand  at the day  of. 79 


.Justice  of  the  Peace . 


156  CIVIL  GOVERNMENT  OF  IOWA 

them  by  the  trustees,  clerk  of  the  township,  or  any 
court  in  the  county.  They  are  the  regular  ministerial 
officers  of  justice  of  the  peace.  Each  township  is 
entitled  to  two  justices  of  the  peace,  who  try  petty 
cases,  having  jurisdiction  over  criminal  cases  involv- 
ing not  more  than  thirty  days  imprisonment  in  the 
county  jail  or  one  hundred  dollars  fine,  and  all  civil 
cases  involving  not  more  than  one  hundred  dollars,  or 
not  more  than  three  hundred  dollars  if  both  parties 
consent. 1 The  justice’s  court  is  not  a court  of  record; 
he  keeps  his  own  records  of  the  proceedings  of  his 
court.  He  also  solemnizes  marriages.  Code  § 3145. 

144.  Assessor. — One  assessor  is  elected  in  each 
township.  He  receives  from  the  county  auditor  two 
assessment  books  to  be  kept  in  duplicate.  In  these 
books  he  enters  a list  of  all  property  holders  and  a 
statement  of  their  property,  both  real  and  personal,  with 
the  assessed  value  of  the  same.  By  the  new  law  (1897) 
property  is  assessed  at  one-fourth  of  its  cash  value. 
The  tax  assessor  returns  one  of  his  books  to  the  board 
of  trustees,  who  examine  it  at  their  April  meeting 
for  the  purpose  of  equalizing  the  taxes  among  the  indi- 
viduals of  the  township,  and  correcting  any  injustice 
that  may  have  been  done.  Anyone  feeling  that  injus- 
tice has  been  done  him  in  the  assessment,  may  appeal  to 
the  board  of  trustees  at  their  April  meeting,  while  they 
are  sitting  as  a board  of  review.  If  he  fails  to  do  so 
at  this  time,  he  will  find  that  they  can  give  no  atten- 
tion to  his  protest,  and  that  the  other  assessment  book 
has  been  returned  to  the  county  auditor  as  clerk  of 
the  board  of  supervisors,  who  receive  the  books  from 


1 For  exceptions  see  § 305. 


TOWNSHIP  GOVERNMENT 


157 


all  townships,  compare  the  taxes  as  reported  in  them, 
and  equalize  the  assessments  between  townships.  No 
appeal  can  be  made  by  an  individual  to  the  county 
supervisor,  but  appeal  may  be  made  to  the  district 
courts,  within  twenty  days  after  the  board  of  review 
adjourn.  (Code,  § 1373.)  The  county  supervisors, 
however,  have  power  to  remit  the  taxes  of  those  who, 
by  reason  of  misfortune  or  great  indigence,  are  con- 
sidered unable  to  pay  their  taxes.  The  county  super- 
visors of  each  county  report  to  the  executive  council 
(260)  of  the  State,  who  equalize  between  counties. 


TABLE  SHOWING  STATE,  COUNTY,  AND  LOCAL  TAXES 
IN  BLACK-HAWK  COUNTY,  IOWA,  1896. 


Mills 

on 

Dollar 

Estimated 

by 

Levied  by 

STATE  TAX. 

2.8 

Gen.  Assem- 

Gen. Assem- 

bly. 

bly. 

COUNTY  TAX. 

County 

. 3.  1 

County  School 

. 1. 

County  Bridge 

. 1. 

6.7 

County  Su- 

County Su- 

County Poor 

. 1. 

pervisors. 

pervisors. 

County  Insane 

. .5 

Soldiers’  Relief  .... 

. .2  J 

CEDAR  FALLS. 

School  Tax. 

Teacher’s  Fund.... 

.13  ; 

1 

Contingent  Fund.. 

. 4.3 

.19.9 

34.9 

School  Direc- 

County Su- 

School House  Fund  2.6  ' 

) 

tors. 

pervisors. 

Corporation. 

General 

.10  1 

I 

Sinking. 

. 2 ! 

L 

Sewer 

. 2 

15. 

City  Council. 

County  Su- 

Library  

. 1 j 

pervisors. 

Water  Tax. 

For  those  within 

water-limits 

. 5 

5 

5. 

Total  Possible 

49.4 

Most  counties  have  also  a poll  tax  of  fifty  cents  on  all  male  adults. 


158  CIVIL  GOVERNMENT  OF  IOWA 

i 45.  Militia. — The  township  assessor  also  enters 
in  these  books  a list  of  all  able-bodied  men  between 
the  ages  of  eighteen  and  forty-five  years,  as  belonging 
to  the  State  militia  and  liable  to  military  service.  It 
is  from  this  list  that  the  drafts  are  made  for  soldiers 
in  time  of  war,  when  volunteers  are  not  numerous 
enough  to  serve  the  needs  of  the  country.  Students 
of  United  States  history  will  remember  the  terrible 
riots  in  1863,  when  President  Lincoln  ordered  a draft 
from  the  militia  of  the  United  States  to  aid  in  carry- 
ing on  the  war  against  the  Rebellion.  The  men 
between  eighteen  and  forty-five  years  of  age,  so  ern 
rolled,  comprise  the  unorganized  militia.  There  is 
also  an  organized  militia,  consisting  of  the  Iowa  Na- 
tional Guard.  This  includes  all  military  companies 
organized  in  the  towns  and  cities  of  Iowa,  under  the 
control  of  the  State  and  its  various  military  officers. 
By  virtue  of  their  special  enlistment,  they  are  liable 
to  be  called  out  by  the  Governor  in  time  of  public 
danger,  but  cannot  be  sent  beyond  the  borders  of  the 
State  without  their  own  consent.1  The  Governor  of 
the  State  is  ex-officio  commander-in-chief  of  the  Iowa 
militia.  The  next  officer  in  rank  and  the  active  com- 
mander is  the  Adjutant  General,  who  also  has  charge 
of  the  State  arsenal  and  grounds,  and  all  military 
stores  and  affairs.  Honorably  discharged  soldiers  of 
the  United  States  army,  and  firemen  during  active 
service,  and  after  ten  years  of  such  active  service,  are 
exempt  from  military  duty  under  the  State.  Firemen 
and  members  of  the  National  Guard  are  also  exempt 
from  all  poll  taxes  and  from  jury  duty. 


1 Except  on  requisition  of  the  President. 


CHAPTER  XIII 


MUNICIPALITIES 

1 46.  Classification. — Municipalities  (cities)  are 
divided  into  three  classes,  determined  by  population. 

1.  Cities  of  the  first  class,  with  a population  of 

15.000  and  upwards. 

2.  Cities  of  the  second  class,  with  a population  of 

2.000  and  less  than  15,000. 

3.  (Incorporated)  Towns,  including  all  municipal 
corporations  with  a population  of  less  than  2,000. 

Any  census  taken  by  the  authority  of  the  State,  or 
of  any  town  or  city,  and  duly  reported  to  the  secre- 
tary of  state,  is  the  legal  basis  for  classifying  the 
municipality.  Towns  platted  and  unincorporated  are, 
by  the  new  law  (1897),  called  villages,  but  are  not 
ranked  as  municipalities. 

1 47.  The  (Incorporated)  Town. — When  a small 

settlement  begins  to  build  stores,  and  assume  the 
appearance  of  a village,  it  is  often  thought  best  to 
incorporate  it  as  a town,  with  a government  better 
adapted  than  that  of  the  township  to  the  social  and 
business  relations  of  the  community.  The  steps 
necessary  are  as  follows:  A petition  for  incorpora- 

tion, signed  by  at  least  twenty-five  qualified  voters  of 
the  settlement,  is  presented  to  the  district  court, 
accompanied  by  a description  of  the  territory  to  be  em- 
braced in  the  proposed  town,  an  accurate  plat  or  map  of 
the  town,  the  proposed  name,  and  satisfactory  proof 
of  the  number  of  inhabitants  within  the  limits  of  said 


159 


i6o 


CIVIL  GOVERNMENT  OF  IOWA 


territory.  A commission  of  five  members  is  then 
appointed  by  the  court  to  advertise  and  conduct  an 
election,  at  which  the  voters  living  within  the  platted 
territory  shall  decide,  by  a majority  vote,  for  or  against 
incorporation.  If  the  vote  is  favorable,  the  same  com- 
missioners conduct  another  election  to  choose  the  proper 
officers,  under  whom  the  town  government  is  organized. 


I48«  The  Officers  of  an  Incorporated  Town.* 


Officers. 

Mayor 

Council 

Clerk 

Assessor 

Treasurer 

Health  Physician 

Street  Commissioner 

Marshal 


No.  Term. 

1 2 years. 

5 2 years. 

1 Pleasure  of  council. 
1 2 years. 

1 2 years. 

1 Pleasure  of  mayor. 
1 Pleasure  of  mayor. 
1 Pleasure  of  mayor. 


How  Chosen. 
Popular  vote. 
Popular  vote. 
App’nted  by  council. 
Popular  vote. 
Popular  vote. 
App’nted  by  mayor. 
App’nted  by  mayor. 
App’nted  by  mayor. 


149-  The  Council  and  their  Duties. — The  council 
consists  of  five  trustees  elected,  under  the  new  law,  all 
together  every  two  years.  (Formerly  there  were  six 
trustees,  two  being  elected  each  year.)  The  duties  of 
the  council  are  similar  to  those  of  the  trustees  of  the 
township,  except  that  they  have  special  legislative 
powers,  and  do  not  act  as  overseers  of  the  poor. 

.The  legislative  power  of  the  council  is  concerned 
with  the  local  government  of  the  town.  The  local  laws 


* The  municipal  officers,  terms,  etc.,  on  this  and  the  following 
pages,  are  given  according  to  the  law  of  1907,  which  provided  that 
the  new  plan  should  go  into  effect  in  1909,  1910,  or  1911,  in  differ- 
ent towns  and  cities. 

“ All  persons  appointed  to  office  in  any  city  or  town  may  be 
removed  by  the  officer  or  body  making  the  appointment,  but  every 
such  removal  shall  be  by  written  order  which  shall  give  the  reasons 
therefor  and  be  filed  with  the  city  clerk.”  Code  § 657  as  amended 
by  Laws  of  1907. 

Vacancies  in  any  elective  office  in  an  incorporated  town  are  filled 
by  the  council.  Code  § 668,  (9). 


MUNICIPALITIES 


161 


that  they  pass  are  called  ordinances.  The  mayor  is  the 
presiding  officer  of  the  council,  with  the  right  to  vote 
only  in  cases  of  a tie.  He  may,  however,  veto  any  ordi- 
nance, if  he  decides  to  do  so  within  fourteen  days  from 
the  time  it  was  passed ; and  the  council  may  then  pass  it 
over  his  veto  only  by  a two-thirds  vote.  (Code,  § 685.) 
Money  is  drawn  from  the  treasury  by  order  of  the  coun- 
cil on  warrants  signed  by  the  mayor  and  town  clerk.  In 
elections  the  councilmen  and  clerk  perform  duties  similar 
to  those  of  township  trustees  and  clerk.  Returns  of  the 
general  election  in  November  are  made  to  the  county 
auditor,  but  the  returns  of  the  municipal  election  in 
March  are  made  to  the  town  clerk,  who  retains  them 
and  the  sealed  ballots  for  the  six  months  allowed  for 
contesting  an  election.  The  council  act  as  a board  of 
health  and  in  April  they  sit  as  a board  of  review  for  the 
equalization  of  assessments  between  individuals. 

The  mayor  is  the  chief  magistrate  of  the  town.  The 
principal  duties  of  the  other  officers  can  be  inferred 
from  their  titles,  and  from  the  table  on  page  177.  The 
marshal  is  appointed  by  the  mayor,  and  may  be  dis- 
charged by  him.  Formerly  the  consent  of  the  council 
was  essential,  but  the  mayor  now  has  full  control  of  his 
appointment  and  removal.  By  the  law  of  1907,  also, 
the  street  commissioner  is  appointed  by  the  mayor 
instead  of  by  the  council. 

150.  Cities  of  the  Second  Class. — When  there  are 
two  thousand  inhabitants  in  an  incorporated  town,  as 
shown  by  a State  or  federal  census,  it  is  required  to  re- 
organize as  a city  of  the  second  class.  The  officers 
of  such  a city  are  quite  similar  to  those  of  an  incorpo- 
rated town,  as  shown  in  the  following  table  : 


1 62 


CIVIL  GOVERNMENT  OF  IOWA 


OFFICERS  OF  A CITY  OF  THE  SECOND  CLASS. 


Officers. 

Mayor 

Council* 

Clerk 

Assessor 

Treasurer 

Solicitor 

Health  Physician 
Street  Commissioner 
Marshal 


Term. 

2 years. 

2 years.  * 

Pleasure  of  council. 
2 years. 

2 years. 

2 years. 

Pleasure  of  mayor. 
Pleasure  of  mayor. 
Pleasure  of  mayor. 


How  Chosen. 
Popular  vote. 
Popular  vote. 
App’nted  by  council. 
Popular  vote. 
Popular  vote. 

t 

App’nted  by  mayor. 
App’nted  by  mayor. 
App’nted  by  mayor. 


151.  Ordinances  and  Wards. — A city  of  the 
second  class  must  have  two  wards,  and  cannot  have 
over  five.  One  councilman  is  elected  from  each  ward 
every  two  years,  and  two  councilmen  are  elected  at  the 
same  time  by  the  city  at  large.  (Formerly  one  council- 
man was  elected  by  each  ward  annually,  and  served 
two  years,  thus  giving  cities  of  the  second  class  a coun- 
cil half  of  whose  members  were  always  experienced.) 

Ordinances  are  passed  by  the  council,  subject  to  the 
mayor’s  veto,  just  as  in  the  town  government  (149); 
and  in  general  the  duties  of  the  city  officers  are  the 
same  as  those  of  town  officers. 

The  council  would  seem  by  analogy  to  be  the  proper 
authorities  to  act  as  overseers  of  the  poor,  just  as  the 
trustees  do  in  the  township,  but  this  is  not  the  case. 
The  county  supervisors  instead  appoint  an  overseer  of 
the  poor  to  act  for  them  in  cities,  and  there  are  private 
organizations,  such  as  the  Woman’s  Relief  Corps  and 
the  King’s  Daughters,  that  inquire  into  cases  of  destitu- 
tion and  give  aid  to  the  worthy  poor. 

* One  for  each  ward  and  two  at  large. 

f Popular  vote  in  cities  of  over  4000 ; appointed  by  council  in 
smaller  cities. 


MUNICIPALITIES 


163 


152.  Number  of  Cities  of  the  Second  Class. — 
In  1905  there  were  eighty-two  cities  of  the  second  class 
in  Iowa.  Of  these  Fort  Dodge,  with  a population  of 
14,369,  was  the  largest,  and  Valley  Junction,  with  a 
population  of  2009,  was  the  smallest. 

153.  Cities  of  the  First  Class. — Cities  of  fifteen 
thousand  inhabitants  are  required  to  organize  as  cities 
of  the  first  class,  and  the  list  of  officers  varies  with  the 
size  of  the  city.  The  following  table  shows  the  princi- 
pal officers  in  a city  of  the  first  class : 

OFFICERS  IN  A CITY  OF  THE  FIRST  CLASS. 


Officers. 

Mayor 

Council* 

Clerk 

Auditor 

Assessor 

Treasurer 

Solicitor 

City  Engineer 

Health  Physician 

Street  Commissioner  f 

Marshal 

Police  Judge 

Judge  of  Superior  Court 


Term. 

2 years. 

2 years. 

Pleasure  of  council. 
2 years. 

2 years. 

2 years. 

2 years. 

2 years. 

Pleasure  of  mayor. 
Pleasure  of  mayor. 
Pleasure  of  mayor. 
2 years. 

4 years. 


How  Chosen. 
Popular  vote. 
Popular  vote. 

By  the  council. 
Popular  vote. 
Popular  vote. 
Popular  vote. 
Popular  vote. 
Popular  vote. 
App’nted  by  mayor. 
App’nted  by  mayor. 
App’nted  by  mayor. 
Popular  vote. 
Popular  vote. 


The  council  passes  ordinances  as  in  other  municipali- 
ties, and  in  general  what  is  said  in  § 149  applies  to 


* One  for  each  ward  and  two  at  large. 

fin  cities  that  have  a board  of  public  works,  the  street  commis- 
sioner is  appointed  and  removed  by  this  board  instead  of  by  the 
mayor.  Such  board  of  public  works,  consisting  of  two  members 
appointed  by  the  mayor,  is  established  by  law  in  cities  of  50,000  or 
more,  and  may  be  established  by  the  council  in  cities  of  30,000  or 
over.  In  cities  having  more  than  20,000  inhabitants  there  is  estab- 
lished by  law  a board  of  police  and  fire  commissioners,  consisting 
of  three  commissioners  appointed  by  the  mayor  for  terms  of  six 
years.  Some  cities  elect  three  park  commissioners. 

fThis  court  is  established,  at  the  option  of  the  people,  in  place 
of  the  police  court  in  cities  of  over  4000. 


164 


CIVIL  GOVERNMENT  OF  IOWA 


cities  of  the  first  class  as  well  as  to  second-class  cities 
and  towns.  The  council  consists  of  one  councilman 
from  each  ward  and  two  at  large.  By  the  law  of  1907 
all  are  elected  at  the  same  time,  once  in  two  years. 
(Formerly  half  were  elected  each  year.) 

(54-  Number. — There  were  seven  cities  of  the  first 
class  in  Iowa  in  1905.  The  names  of  these  cities  and 
the  population  of  each  is  given  in  the  following  list : 

FIRST-CLASS  CITIES. 


1.  Des  Moines 75,626 

2.  Sioux  City 40,952 

3.  Burlington 25,318 

4.  Council  Bluffs 25,231 

5.  Clinton 22,756 

6.  Ottumwa 20,181 

7.  Waterloo 18,071 


Several  cities  in  Iowa  have  governments  outlined  in 
special  charters  granted  them  by  the  General  Assembly. 
These  cities,  with  their  populations,  were  as  follows  in 
1905: 

SPECIAL  CHARTER  CITIES. 


1.  Dubuque 41,941 

2.  Davenport 39,797 

3.  Cedar  Rapids 28,759 

4.  Muscatine  . . . 15,087 

5.  Keokuk 14,604 

6.  Wapello  1,393 


Cities  under  Commission. — The  thirty-second  gen- 
eral assembly  provided  that  any  city  with  a population 
of  25,000  or  over  might  by  majority  vote  of  the  people 
organize  under  a new  law.  This  “ commission  ” plan 
of  city  government  includes  a mayor  and  four  council- 


MUNICIPALITIES 


165 


men  elected  by  the  city  at  large  and  constituting  a coun- 
cil for  the  exercise  of  all  the  duties  and  powers  of  the 
mayor,  city  council,  various  administrative  boards,  solici- 
tor, assessor,  treasurer,  auditor,  city  engineer,  and  other 
executive  and  administrative  officers  of  a city  of  the 
first  class.  Each  member  of  this  council  acts  as  the 
head  of  one  administrative  department  of  the  city  gov- 
ernment. The  council  is  given  full  powers  of  appoint- 
ment and  removal  of  city  officers  and  employees. 

SUGGESTIVE  QUESTIONS. 

1.  The  marshal  was  formerly  chosen  by  the  council, 
and  could  be  removed  only  by  their  votes.  Is  the 
present  plan  an  improvement  ? 

2.  What  appointing  power  was  granted  to  the  mayor 
of  Brooklyn  by  the  charter  of  1882?  (Bryce’s  Ameri- 
can Commonwealth , Vol.  I.,  pp.  625-627.) 

3.  What  vital  relation  is  there  between  authority  and 
responsibility  ? 

4.  What  do  you  know  of  the  municipal  reform  move- 
ment ? 

5.  What  of  the  “ commission  ” plan  of  municipal 
government?  (Read  about  the  government  of  Galves- 
ton since  the  Galveston  flood  of  1900.) 


CHAPTER  XIV 

COUNTY  GOVERNMENT 

155*  County  Government. — The  State  of  Iowa 
is  divided  into  ninety-nine  counties.  They  usually 


LYON  j OSCEOLA  j DICKINSON*  EMMET  j 

13494  ; 8827  \ 8130  J 10105  J 

- | j , 1 


MAP  OF 

IOWA 

JamnnebagoI  worth  ;mitchell;  HOWARD  j winne-I  ^Showing  Counties 
: 14183  • 13523  sh.ek  iALLAMA<E^with  Population 

- I I ( 1 23107  * 18222  if  — ■■■■■■■■ 

Sioux  | O'BRIEN  I CLAY  JpaloaltoI  21903  I Hancock  j cerro- j F(_  |2H,CKASAV^ _.j “ f|  State  Census  of 

24021  j 10710  j 12711  j 14132  j j 12987  ! | 16779  j 15928  f j 

- [■  -J  1 j-  ; j ! j FAYETTE  | CLAYTO 

lymouth  cherokee!  10CAH0NTA1HToiQeTi  WRIGHT  • franklin  butler  I BRE“ER  j 28552  1 

22818  ! 15902  5 ! 14879  [ 1“122  ! I i*™*  I 17636  I 15973  I ! 

-L.( | 

WOODBURY  *1  (DA^  C4„  U-  SwEBSTER1. 

60859  jllOlo!  i^65  !“' 

j L— , — LT"l‘7  ; , 

j CRAWFORD  j CARROLL  | GREENE  j goONE  j STORY  ImARSHALL]  TAMA  | j - J j 

! 91  non  i 20512  i iaaqa  . o*«a,.  I oo aaa  \ no^r  ! 23291  j 24117  | &7362  j ~ | 


1-.  17629  ! 14595  ! 17636  ! > 

I L i n I i 

• J BLACKHAWI^BUCHANANj  DELAWARE  I DUBUQUEM 

n.  HARDIN  ; 6AU.NfLY  1 30017  I 19134  I 1S701  | 61471  . 
• 21856  J 13607  j j_ 

i if  ‘ r 


I 33425  I 


._l 1 t- 

I JONES  j JACKSON  ^ 

LINN  I ' 22210 


. 16857  ! 21000  i 20512  j i6039  j 27604  • 23600  j 28495  23291  ! 24117  57362  | ■“ 

| S j~ H™  r 4 ! — | CEDAR  h 


ij)  POTTAWATTAMIE 

51867  ; 'Wi-i’j.  i ioiiu  ; io<u<  ; iao/a  j 24107  | 31430  | | 20116  • 

\\ j - — I . L — 1 1 — j i — i i I— «1289s\ 

■S  [ 60MERY  j ADAMS  ! UNION  I CLARKE  j LUCAS  j MONROE  j WAPELLO  JjeFFERSOnJ  HENRY  j_ 


J 15050  [ 1702i  • 12262  j 18666  i 11639  | 15599  j 24376  i 36524  j 16493  J17722j  M0C 


rncmuwi  . pA6E  j TAYLOR  ! RINGGOLD  ! DECATUR^  WAYNE  jAPPANOOSE!  DAVIS  !vAN  BUREN^ — — *“ V 

i 16279  ! 23606  17021  I 13955  1 17044  ! 16905  i 27193  ! 14266  I 16505  I lee 

.L i i J i I L -4  38006,, 


: Iappanoose! 


L 


l 


MOINES  1 

; 37472 f 


I L L. 


M 


O U 


contain  sixteen  Congressional  townships,  and  the 
constitution  forbids  any  new  counties  to  be  organized 

166 


COUNTY  GOVERNMENT 


167 


containing  less  than  four  hundred  and  thirty-two 
square  miles,  or  twelve  Congressional  townships. 
(Constitution,  Art.  XI.,  Sec.  2.)  Any  change  in  the 
boundaries  of  a county  requires  the  consent  of  the 
State  Legislature,  as  well  as  that  of  all  the  counties 
affected.  (Constitution,  Art.  III.,  Sec.  30.)  There 
is  a capital,  or  county  seat,  in  each  county,  where  the 
county  buildings  are  located,  and  where  the  officers 
keep  the  records  and  attend  to  all  necessary  business. 
This  county  seat  is  located  by  the  vote  of  the  people, 
and  can  be  changed  only  by  a popular  vote,  which 
has  been  demanded  by  a petition  from  a majority  of 
the  legal  voters. 

1 56.  Two  County  Seats. — Some  counties,  like 
Pottawattamie  and  Lee,  have  two  county  seats.  This 
occurs  because  of  the  size  of  the  county  or  inability  of 
the  people  to  agree  on  one  location.  In  Lee  county, 
one  of  these  county  seats  is  at  Fort  Madison,  and  the 
other  at  Keokuk.  There  are  two  sets  of  books  or  rec- 
ords kept  in  the  offices  of  the  clerk,  recorder,  and  treas- 
urer, i.e.y  one  set  at  either  county  seat,  and  the 
sheriff  has  a deputy  at  each  place.  The  district  court 
meets  at  Fort  Madison  in  January,  April,  June,  and 
October,  and  at  Keokuk  in  March,  May,  September, 
and  November.  The  board  of  supervisors  meet  at 
Fort  Madison,  and  the  auditor’s  office  and  its  records 
are  there,  though  there  is  a deputy  auditor  at  Keokuk. 
The  county  superintendent  usually  has  his  office  at 
his  home,  in  whatever  part  of  the  county  that 
may  be. 

157.  The  County  Officers.^ — The  officers  of  the 
county  are  mentioned  in  the  following  table : 


i68 


CIVIL  GOVERNMENT  OF  IOWA 


COUNTY  OFFICERS. 


Officers. 

No.  Term.  How  Chosen. 

Bond. 

Pay. 

Supervisors. 

3,  5,  3 years.  Popular  vote,  None, 

or  7.  J for  every  year. 

Per  diem 
and 

mileage. 

Auditor. 

1.  2 years.  Popular  vote, 

85,000  or 

Salary. 

even  years. 

more. 

Treasurer. 

1.  2 years.  Popular  vote, 

85,000  or 

Salary. 

even  years. 

more. 

Co.  Attorney. 

1.  2 years.  Popular  vote, 

85,000  or 

Salary. 

even  years. 

more. 

Recorder. 

1.  2 years.  Popular  vote, 

Fixed  by 

Salary. 

even  years. 

supervisors. 

Clerk  of  Court.  1 . 2 years. 

85,000. 

Salary. 

Sheriff. 

1.  2 years.  Popular  vote, 

85,000. 

Salary 

even  years. 

and  fees. 

Coroner. 

1.  2 years.  Popular  vote, 

Fixed  by 

Fees. 

even  years. 

supervisors. 

Surveyor. 

1.  2 years.  “ 

“ 

Per  diem. 

Notaries  Indefi-  3 years.  Appointed  by 

8500. 

Fees. 

Public. 

nite.  Governor. 

Superintend- 

1.  2 years.  Popular  vote, 

Fixed  by 

Salary. 

ent  of  Schools.  even  years. 

supervisors. 

.board  on 
Uniform 
Text-books. 

5,  7,  Supervisors,  Auditor  and  County  Superintended 
or  9.  of  Schools. 

158.  The  Board  of  Supervisors. — The  number 
of  supervisors  is  three,  five,  or  seven,  at  the  option  of 
the  people  of  the  county,  and  may  be  changed  if  the 
people  wish.  The  number  is  not  determined  by  popu- 
lation. They  may  be  chosen  by  the  votes  of  all 
electors  in  the  county  on  the  general  ticket,  or  the 
county  may  be  divided  into  supervisor  districts,  one 
for  each  member.  In  the  former  case,  no  two  super- 
visors can  be  chosen  from  the  same  civil  township. 
In  the  latter  case,  the  electors  of  each  district  vote 
for  one  supervisor  who  is  a resident  of  that  district. 
Of  course,  election  on  a general  ticket  gives  the  better 


COUNTY  GOVERNMENT 


169 


chance  of  selecting  the  most  efficient  men,  but  sec- 
tional jealousy  often  demands  electing  by  districts. 
Below  is  a map  of  Blackhawk  County  showing  its 
seven  supervisor  districts. 


BLACKHAWK  COUNTY,  IOWA 
With  Townships  and  Supervisor  Districts. 


These  are  similar  to  those  of  the  township  trustees, 
but  more  extensive.  They  are  both  legislative  and 
executive  in  their  powers. 

(1.)  Levying  Taxes . They  determine  the  amount 
of  the  tax  to  be  raised  for  county  purposes,  and  act 


170 


CIVIL  GOVERNMENT  OF  IOWA 


as  a board  of  equalization  of  taxes  between  town- 
ships. 

(2.)  Board  of  Review . Township  taxes  are 

reported  to  the  board  of  supervisors,  and  compared. 
When  it  is  evident  that  one  township  has  been  as- 
sessed at  a lower  valuation  than  others,  for  instance 
at  one-fifth  of  the  real  value  of  property,  when  the 
other  townships  have  been  assessed  at  one-fourth  or 
one-third,  the  supervisors,  as  a board  of  equalization, 
raise  the  assessment  of  that  township  to  make  it  equal 
with  the  rest.  The  supervisors  may  remit  taxes  of 
individuals  on  account  of  poverty,  but  they  may  not 
equalize  between  individuals,  that  being  the  duty  of 
township  trustees  and  city  councils,  and  appeals  from 
these  bodies  can  be  made  only  to  the  courts  and  within 
twenty  day&^after  their  meeting  as  a board  of  equaliza- 
tion. Code,  § 1373. 

(3.)  Canvassing  Board.  The  board  of  supervi- 
sors also  canvass  the  election  returns  reported  to  them 
by  the  township  trustees,  and  report  the  votes  on  State 
officers  to  the  State  board  of  canvassers,  viz.,  the 
executive  council  (260). 

(4.)  The  Poor.  The  county  supervisors  have  charge 
of  the  poor-house,  or  poor-farm,  and  are  the  proper 
parties  to  whom  appeal  is  made  in  behalf  of  those 
who  are  in  destitute  circumstances,  and  for  whom  the 
township  trustees  do  not  make  suitable  provision.  The 
question  of  the  right  to  county  aid  has  been  discussed 
in  a previous  chapter.  (139). 

(5.)  Highways . The  main  roads  used  by  the  county 
and  the  bridges  over  streams  crossed  by  these  are 
constructed  at  the  expense  of  the  county,  the  money 


COUNTY  GOVERNMENT 


I7I 

being  raised  by  a bridge  tax.  A tax  of  one  mill  is  also 
allowed  to  provide  for  the  care  of  the  roads.  When  a 
main  thoroughfare  approaches  a stream  at  a point  not 
suitable  for  bridging,  the  private  land  along  the  bank 
of  the  stream  may  be  condemned  (see  Right  of 
Eminent  Domain,  192)  by  the  board  of  supervisors, 
and  the  road  extended  along  the  bank  to  a place  more 
favorable  for  a bridge. 

(6.)  Finances . The  finances  of  the  county  are  in 
the  hands  of  the  supervisors,  with  certain  restrictions 
prescribed  by  law.  They  approve  all  claims  brought 
against  the  county,  or,  having  examined  into  the  case, 
decline  to  allow  the  bill.  Claims  which  are  allowed 
are  paid  by  the  county  treasurer  on  an  order  or  war- 
rant signed  by  the  auditor. 

The  regular  meetings  of  the  board  of  supervisors  are 
held  on  the  second  secular  day  in  January,  the  first 
Monday  in  April  and  June  and  the  second  Monday  in 
September,  also  the  first  Monday  after  the  general  elec- 
tion in  even-numbered  years,  and  the  first  Monday  in 
November  in  odd-numbered  years.  Soon  after  each 
meeting  of  this  board,  a report  is  made  in  the  county 
papers.  These  reports  sometimes  contain  very  instruc- 
tive reading  for  students  of  civil  government. 

I 60.  The  Public  Buildings. — These  may  be  such 
as  the  people  of  the  county  authorize.  Provision  must 
naturally  be  made  for  a jail,  court-house,  and  county 
offices.  In  some  counties  these  are  combined  in 
one,  or  in  others,  as  Buchanan  County,  there  are 
three.  These  buildings  are  under  the  control  of  the 
board  of  supervisors,  who  let  contracts  for  their  erec- 
tion, unless  the  expense  is  over  five  thousand  dollars, 


172 


CIVIL  GOVERNMENT  OF  IOWA 


in  which  case  the  approval  of  the  electors  of  the 
county  must  be  secured.  The  grounds  on  which  the 
county  buildings  stand  are  also  under  the  control  of 
the  supervisors,  and  they  may  purchase  sites  for  county 
buildings  without  referring  the  matter  to  the  electors, 
unless  the  expense  exceeds  two  thousand  dollars. 

1 6 I . The  County  Auditor. — The  county  auditor 
acts  as  clerk  of  the  board  of  supervisors,  recording 
the  proceedings  of  their  meetings,  and  publishing  the 
same  in  the  leading  county  papers.  He  acts  as  gen- 
eral accountant  and  signs  all  warrants  on  the  treasurer 
for  the  payment  of  claims  approved  by  the  board  of 
supervisors.  He  furnishes  the  ballots  and  two  poll- 
books  for  each  election  precinct,  and  afterwards  re- 
ceives from  the  clerk  ( 1 4 1 ) the  returns  of  elections, 
including  the  abstract  of  votes  cast  for  each  candidate, 
one  of  the  poll-books,  and  the  ballots  themselves  strung 
on  a wire,  the  ends  of  which  are  twisted  together  and 
sealed.  These  votes  are  preserved  for  six  months, 
the  time  allowed  by  law  for  contesting  an  election. 
He  furnishes  also  to  each  assessor  in  the  county  two 
assessor’s  books,  in  which  are  to  be  recorded  the 
various  taxes  due  from  each  tax-payer,  and  a list  of 
all  able-bodied  men  between  the  ages  of  eighteen  and 
forty-five  ( 145).  After  these  books  have  been  filled  out 
by  the  assessors  and  corrected  by  the  boards  of  equaliz- 
ation, one  of  them  is  returned  to  the  auditor,  and  he 
prepares  the  tax  lists  for  the  county  treasurer.  The 
county  auditor  has  charge  of  the  permanent  school 
fund  for  his  county,  and  loans  the  same,  apportioning 
the  accruing  interest  among  the  school  districts  on  the 
basis  of  school  population. 


COUNTY  GOVERNMENT 


173 


162-  The  County  Treasurer. — The  county  treasurer 
receives  and  holds  all  moneys  belonging  to  the  county. 
His  books  show  all  the  receipts  and  expenditures,  and 
are  always  open  to  the  inspection  of  the  supervisors. 
All  taxes  are  paid  to  him,  with  the  exception  of  cases 
where  he  appoints  deputies  in  different  towns.  Taxes 
are  due  the  first  of  January  of  each  year,  but  they  may 
be  paid  in  two  equal  installments,  on  the  first  of  March 
and  on  the  first  of  September.  If  the  first  installment 
is  not  paid  by  the  first  of  April,  there  is  a penalty 
of  one  per  cent,  a month  from  March  1 on  the  whole 
amount ; and  on  the  first  Monday  in  December  the 
real  estate  on  which  taxes  are  still  delinquent  is 
required  to  be  sold  by  the  treasurer  of  the  county. 
The  title  given  to  the  purchaser  is  called  a tax-title, 
and  is  subject  to  certain  privileges  of  redemption  by 
the  delinquent  tax-payer. 

1 63.  The  County  Attorney. — The  county  attor- 
ney is  the  legal  advisor  of  the  supervisors  and  other 
county  officers,  and  appears  for  the  State  in  the  pros- 
ecution of  criminals,  or  in  civil  cases  where  the  county 
is  involved. 

1 64.  The  County  Recorder.  — The  county  re- 
corder keeps  a verbatim  copy  of  all  deeds  and  mort- 
gages, with  the  exact  time  of  registering  each. 

(1)  A deed  is  a written  document  conveying  the 
ownership  of  real  property  from  one  party  to  another. 
The  original  deed,  by  which  real  estate  is  granted 
by  the  United  States  government  to  an  individual  or 
corporation,  is  called  a patent. 

(2.)  A mortgage  is  a deed  conditioned  on  the  non- 
payment of  certain  obligations  mentioned  therein. 


i74 


CIVIL  GOVERNMENT  OF  IOWA 


Mortgages  are  given  on  real  estate  and  on  personal 
property  ; the  latter  are  called  chattel  mortgages. 

f 65.  Buying  Real  Estate. — When  one  buys  real 
estate,  it  is  necessary  to  consult  the  books  of  the 
county  recorder  to  be  certain  that  the  title  is  clear, 
and  that  there  are  no  mortgages  recorded  against  it.  If 
there  is  such  a mortgage,  it  must  be  satisfied  by  the 
new  owner,  even  though  he  was  ignorant  of  its  exis- 
tence, and  paid  full  value  for  the  property.  If  the 
mortgage  had  not  been  entered  on  the  books  of  the 
county  recorder,  the  note  which  it  was  intended  to 
secure  cannot  be  collected  from  the  new  owner  of  the 
property.  Sometimes  several  mortgages  are  given 
on  the  same  property,  and  are  called  first,  second,  and 
third  mortgages.  These  must  be  satisfied  in  their 
order,  and,  as  the  mortgage  first  recorded  is,  gener- 
ally speaking,  the  first  mortgage  to  be  satisfied,  the 
date  and  hour  of  registration  is  a matter  of  importance. 

1 66.  The  County  Clerk. — The  clerk  of  the  dis- 
trict court,  usually  called  the  county  clerk,  keeps 
the  records,  papers,  and  official  seal  of  the  court.  He 
also  keeps  various  books  in  which  are  recorded  the 
judgments  which  the  court  has  granted  as  satisfaction 
to  parties  in  civil  suits;  also  various  other  claims, 
such  as  mechanic’s  liens,  attachments,  and  other 
incumbrances  on  property.  Here,  then,  on  the  books 
of  the  county  clerk  is  another  list  of  items  important 
to  purchasers  of  property,  inasmuch  as  the  property, 
even  after  changing  hands,  is  liable  to  sale  for  satis- 
faction of  these  liens.  There  are,  then,  three  places 
where  incumbrances  are  recorded,  and  which  should 
be  consulted  when  one  buys  property  : 


COUNTY  GOVERNMENT 


X75 


(i.)  The  treasurer’s  books,  for  evidence  of  delin- 
quent taxes. 

(2.)  The  recorder’s  books,  for  mortgages. 

(3.)  The  clerk’s  books,  for  judgments  and  other 
liens. 

One  may  obtain  an  abstract  of  title  for  a piece  of 
property  by  consulting  any  person  who  keeps  a set 
of  abstracts.  This  person  charges  a price  for  the 
paper,  which  he  guarantees  to  contain  a statement  of 
all  liens  recorded  in  these  three  places,  as  well  as 
a full  history  of  past  changes  in  ownership. 

167.  Other  Duties  of  the  County  Clerk. — The 
county  clerk,  under  the  supervision  of  the  district 
court,  appoints  administrators  and  guardians,  and 
attends  to  the  probating  of  wills,  and  various  other 
duties  formerly  pertaining  to  the  circuit  court  (274). 
He  keeps  a register  of  births  and  deaths,  and  issues 
marriage  licenses.  He  makes  annual  reports  to  the 
governor,  describing  the  nature  of  the  criminal  offenses 
that  have  come  before  the  county  court. 

0 68.  The  Sheriff. — The  sheriff  is  the  executive 
or  ministerial  officer  of  the  district  court.  He  serves 
all  papers  issued  by  the  court,  such  as  subpoenas  for 
summoning  witnesses,  search  warrants,  and  warrants 
for  arrest  (143),  and  may  serve  similar  papers  for 
lower  courts.  He  has  charge  of  the  county  jail  and  the 
prisoners.  He  gives  notice  of  general  and  special  elec- 
tions, and  serves  as  the  peace  officer  of  the  county. 

1 69.  The  Coroner. — The  coroner  investigates  any 
case  of  death  under  unusual  or  suspicious  circum- 
stances, and  summons  a jury  of  three  men  to  “sit 
on  the  case”  and  render  a verdict  as  to  the  probable 


176 


CIVIL  GOVERNMENT  OF  IOWA 


cause.  He  may  issue  a warrant  for  the  arrest  and 
examination  of  any  person  whom  the  jury  may  name. 
He  has  authority  also  to  subpoena  witnesses  for  the 
inquest,  as  the  sitting  of  the  jury  is  called.  When  the 
sheriff  is  absent,  or  unable  to  serve  on  account  of  rela- 
tionship to  the  parties  to  be  arrested  in  any  case,  the 
coroner  serves  the  papers. 

170.  Notaries  Public. — When  important  papers 
need  signature,  it  is  quite  necessary  that  some  official 
person  should  guarantee  that  the  signatures  are  authen- 
tic, and  are  made  freely  and  without  constraint.  This 
is  especially  true  in  regard  to  deeds,  mortgages,  and 
other  papers  which  involve  title  to  property.  Notaries 
public  are  men  selected  and  commissioned  by  the 
governor  to  give  such  guarantee,  which  they  do  by 
attaching  a slip  of  paper  to  the  document  in  question, 
stating  that  they  know  the  parties  and  that  the  signers 
have  declared  their  signatures  to  be  free  from  constraint 
of  every  kind.  This  is  signed  by  the  notary  and 
stamped  with  the  notarial  seal.  Notaries’  commissions 
all  end  July  4,  1909,  and  each  third  year  after  that. 

171-  The  County  Superintendent. — The  superin- 
tendent conducts  the  examination  of  teachers,  but 
the  answer  papers  are  marked,  and  certificates  issued, 
under  the  supervision  of  the  State  educational  board 
of  examiners.  He  is  expected  to  provide  an  institute 
for  the  instruction  of  his  teachers  in  methods  of  teach- 
ing, and  local  meetings  for  discussion  of  education,  and 
to  promote  the  interests  of  the  schools  in  his  county. 
He  settles  disputes  about  the  removal  of  teachers  and 
hears  complaints  of  various  kinds  touching  school 
affairs  not  involving  money  claims  or  the  election  of 
a school  officer. 


COMPARATIVE  VIEW  OF  IOWA  GOVERNMENT. 

Copyright.  By  L.  W.  Parish,  A.  M.,  Iowa  State  Normal  School.  1896. 


COUNTY  GOVERNMENT 


177 


o 0 PI  ®,rHC  ^00  g 

^ 4±i  © 53 

® O ft®8  W-.  >> 

«l©£.5 

cs  SS^-S-d  ■■  S-2 

^CeSflC35o0  53C 

«2.2‘S‘3^*2r 


S3  ^ 
o c 

V oS 

>>5 


© © 


O'©  oq 
r*^  C e3  bD 

"-1  o . 

‘oS  2 50  ^ © 

fi.H  a;  © 

**.£? 
88  rll 

o C O 

0.2  ©“Q 

ts.-s* 

socs 


o si  ® 
©-« 


c$  ©,Q  ^ 2 
H o S3 


bJlg  2 

© g S3® 7*0  §3 

u oWOPQb  2 2 

• o . ft.  h JH  fl 

+s,2^>p^)s3S  s3 


•hhOi^ 
© ©psS 

§IPJ 

O Ofi’2 

outi 


°u  o * 
© „ .2  o 
O ® hS 

‘43 .2  S’ a 

so  — 

so  s3^ 
^OlhGO 


o S 


* ^ 


© -© 

„ © 


u g M s 
02  t 05 
^O  © oi 
^ rj  — 1 a> 
J3  r s_ 


'O  © ; 

3£«C  = 
rr-0  °G  c 

S « c 


S3  Sr^  >» 
OOH3! 

UO^ 


P'S  2^.2 

s«3 

■S  • «3 

© v 0 .2  43  o 

.2  o £ a ft 

a° 


08 ‘3  £ 2 

O S3  'S  00 
O © cS 

*3  S 2 


fa  ^ 


02  -pq 


S 

5 ®“ 


fee 

3**2  Sfl 

^gsg 

H W o 


sss* 

S3  S3  ST1  >> 

OC^ 


1A  iA  © 
Sh  Jh  S-. 
© ©£_| 
8 8 


S3* 


so  so 
© <u 
© <3; 
so  so 

3 S3 

(H  S-l 

EhH 


S'*-!  . 
rvo  O 

* ©d’^ 

OPSOaT' 


■gS 

p 


©-£ 
>•  2 
^ S3 
S3  O 
0DO 


O M a 
8 ® £ 
pH  ? 


P)C 


si  s * 

« J ® 


3 8^ 


‘IP  £ 
-unoo’xg  -rj 


‘©"b 
* h 

O »/— s 

Swd 

oj 


•2  ^ « g g 

■§  ^5^-2  S3^ 

-2  &o»>K5 

W W W 3 


178  CIVIL  GOVERNMENT  OF  IOWA 

An  appeal  may  be  taken  from  his  decision  to  the 
State  superintendent.  The  state  provides  fifty  dollars  a 
year  for  each  county  to  aid  in  defraying  the  expenses  of 
the  county  institute,  and  each  teacher  in  attendance  pays 
a membership  fee  of  one  dollar.  Every  teacher  pays 
one  dollar  for  an  examination  fee,  and  one  dollar  a year 
for  the  registration  of  his  certificate  in  the  county  where 
he  teaches.  The  county  superintendent  receives  reports 
from  the  secretaries  of  the  various  school  districts,  and 
sends  an  abstract  of  the  same  to  the  State  superin- 
tendent on  the  last  Tuesday  in  August  of  each  year. 

I 7 I a.  The  County  Surveyor.  — The  surveyor 
makes  all  surveys  of  land  in  his  county,  and  tran- 
scribes field  notes  and  plats  into  a book  provided  for 
the  purpose.  The  law  holds  these  records  presump- 
tively correct . He  receives  a per  diem  and  fees  from 
the  person  requesting  the  survey.  Code,  § 534  and 
543. 


SUGGESTIVE  QUESTIONS. 

1.  What  two  types  of  township  government  are 
found  in  the  states  west  of  the  Alleghanies  ? Hins- 
dale’s American  Government,  §§  80-82,  and  Fiske's 
Civil  Government,  p.  92. 

2.  What  two  eastern  states  furnished  these  types  ? 

3.  Which  state  did  Iowa  follow  in  her  township 
government  ? 

4.  Which  did  Illinois  follow  ? 

5.  How  was  the  county  board  of  supervisors  organ- 
ized in  New  York  by  the  law  of  1703.  Fiske,  p.  79. 


CHAPTER  XV 


STATE  GOVERNMENT 

I 72.  The  Constitution. — The  State  government 
of  Iowa  is  outlined  in  the  Constitution  of  1857.  The 
circumstances  under  which  this  Constitution  was  sub- 
stituted for  that  of  1 846  have  already  been  described 
in  the  history  of  Iowa  (62-64).  It  opens  with  what 
is  called  the  preamble,  but  is  really  both  a preamble 
and  an  enacting  clause.  It  reads  as  follows : 

173.  The  Preamble. — We,  the  people  of  the 
State  of  Iowa,  grateful  to  the  Supreme  Being  for  the 
blessings  hitherto  enjoyed,  and  feeling  our  dependence 
on  Him  for  a continuation  of  those  blessings,  do  ordain 
and  establish  a free  and  independent  government,  by 
the  name  of  the  State  of  Iowa,  the  boundaries  whereof 
shall  be  as  follows  : 

Beginning  in  the  middle  of  the  main  channel  of  the 
Mississippi  river,  at  a point  due  east  of  the  middle  of 
the  mouth  of  the  main  channel  of  the  Des  Moines  river, 
thence  up  the  middle  of  the  main  channel  of  the  said 
Des  Moines  river,  to  a point  on  said  river  where  the 
northern  boundary  line  of  the  State  of  Missouri — as 
established  by  the  Constitution  of  that  State,  adopted 
June  12,  1820 — crosses  the  said  middle  of  the  main 
channel  of  the  said  Des  Moines  river ; thence  west- 
wardly  along  the  said  northern  boundary  line  of  the 
State  of  Missouri,  as  established  at  the  time  aforesaid, 
until  an  extension  of  said  line  intersects  the  middle  of 
main  channel  of  the  Missouri  river;  thence  up  the  mid- 
dle of  the  main  channel  of  the  said  Missouri  river  to  a 
point  opposite  the  middle  of  the  main  channel  of  the 
Big  Sioux  river,  according  to  Nicolett’s  map;  thence  up 
the  middle  of  the  main  channel  of  the  Big  Sioux  river, 

179 


i8o 


CIVIL  GOVERNMENT  OF  IOWA 


according  to  said  map,  until  it  is  intersected  by  the  par- 
allel of  forty-three  degrees  and  thirty  minutes  north 
latitude  ; thence  east  along  said  parallel  of  forty-three 
degrees  and  thirty  minutes,  until  said  parallel  intersects 
the  middle  of  the  main  channel  of  the  Mississippi  river  ; 
thence  down  the  middle  of  the  main  channel  of  the  said 
Mississippi  river  to  the  place  of  beginning. 


MAP  OF  IOWA  SHOWING  THE  CONGRESSIONAL  DIS- 
TRICTS FROM  WHICH  REPRESENTATIVES  ARE 
CHOSEN  FOR  CONGRESS  OF  THE  UNITED  STATES. 


In  connection  with  the  boundaries  designated  here 
students  of  the  history  of  Iowa  will  do  well  to  review 
what  is  said  about  the  Constitution  proposed  in  1 844 
(31-40).  The  citizens  of  a proposed  state  may  sug- 
gest its  boundaries,  but  the  Federal  Congress  alone 
can  determine  what  those  boundaries  shall  be.  Con- 
gress has  power  to  cut  up  a territory  into  several  parts, 


STATE  GOVERNMENT 


181 


making  one  part  a state  and  reorganizing  the  rest  into 
a new  territory,  as  was  done  with  the  old  Territory  of 
Nebraska,  which  furnished  the  State  of  Nebraska  and 
the  Territory  of  Dakota;  or  it  may  make  two  states  of 
one  territory,  as  was  done  afterwards  with  Dakota. 
After  a state  has  once  been  admitted,  Congress  has 
no  power  to  change  its  boundaries,  to  make  a new 
state  out  of  part  of  an  old  one,  or  to  unite  two  states 
in  one  without  the  consent  of  the  state  or  states 
affected. 1 Twice  in  the  history  of  Iowa  has  this  state 
had  a dispute  with  Missouri  as  to  the  boundary  line 
between  the  states,  and  on  both  occasions  the  dispute 
was  referred  to  the  United  States  courts  as  the  only 
authority  having  power  to  interpret  the  act  of  Con- 
gress by  which  the  boundary  line  of  northern  Missouri 
was  determined  as  stated  in  the  Constitution  of  that 
state  (25). 

i 74.  The  Bill  of  Rights. — It  is  very  common  in 
making  a new  Constitution  to  state  in  an  article  by 
themselves  the  rights  which  the  government  must  con- 
cede to  the  people.  We  shall  consider  this  bill  by 
sections  : 

ARTICLE  I. 

Inalienable  Rights  of  Men. — Section  1.  All  men 
are,  by  nature,  free  and  equal,  and  have  certain  inalien- 
able rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing,  and 
protecting  property,  and  pursuing  and  obtaining  safety 
and  happiness. 

Notice  the  similarity  of  language  here  and  in  the 
Declaration  of  Independence  : ‘ ‘ We  hold  these  truths 

1 For  the  seeming  contradiction  of  this  statement,  in  the  case  of 
West  Virginia,  see  Hinsdale’s  American  Government , Sec.  597. 


182 


CIVIL  GOVERNMENT  OF  IOWA. 


to  be  self-evident,  that  all  men  are  created  equal : 
that  they  are  endowed  by  their  Creator  with  certain 
inalienable  rights ; that  among  these  are  life,  liberty,, 
and  the  pursuit  of  happiness.” 

175.  Political  Power  Inherent  in  the  People. — 
Sec.  2.  All  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  protection,  security, 
and  benefit  of  the  people,  and  they  have  the  right,  at 
all  times,  to  alter  or  reform  the  same,  whenever  the 
public  good  may  require  it. 

Political  power,  or  authority  over  citizens,  is  nec- 
essarily derived  from  those  citizens.  Notice  the  three- 
fold purpose  of  government.  Only  the  main  features 
of  the  government  are  determined  by  the  constitution. 
A vast  number  of  details  are  arranged  by  the  General 
Assembly  and  described  in  statutes,  which  may  be 
changed  at  any  session  of  that  body. 

176.  No  State  Religion. — Sec.  3.  The  General 
Assembly  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof; 
nor  shall  any  person  be  compelled  to  attend  any  place 
of  worship,  pay  tithes,  taxes,  or  other  rates  for  building 
or  repairing  places  of  worship,  or  the  maintenance  of 
any  minister,  or  ministry. 

The  purport  of  this  section  may  be  remembered  by 
the  following  outline  : 

Religion: 

1.  Establishment. 

2.  Prohibition. 

3.  Compulsion  as  to 

(a)  Attendance. 

(b)  Financial  support. 

177 • Religions  Tests. — Sec.  4.  No  religious 
tests  shall  be  required  as  a qualification  for  any  office  of 
public  trust,  and  no  person  shall  be  deprived  of  any  of 
his  rights,  privileges,  or  capacities,  or  disqualified  from 
the  performance  of  any  of  his  public  or  private  duties, 


STATE  GOVERNMENT  1 83 

or  rendered  incompetent  to  give  evidence  in  any  court 
of  law  or  equity,  in  consequence  of  his  opinions  on  the 
subject  of  religion  ; and  any  party  to  any  judicial  pro- 
ceeding shall  have  the  right  to  use  as  a witness,  or  take 
the  testimony  of  any  other  person  not  disqualified  on 
account  of  interest,  who  may  be  cognizant  of  any  fact 
material  to  the  case  ; and  parties  to  suits  may  be  wit- 
nesses, as  provided  by  law. 

Will  the  fact  that  a man  is  an  infidel  disqualify  him 
for  the  position  of  district  judge  ? May  a man  be 
refused  the  privilege  of  voting  on  the  ground  of  being 
an  atheist  ? May  a man  be  refused  as  a witness  in 
court  because  he  is  known  to  be  openly  opposed  to 
religion  ? 

178.  The  Penalty  for  Dueling. — Sec.  5.  Any 
citizen  of  this  State  who  may  hereafter  be  engaged, 
either  directly  or  indirectly,  in  a duel,  either  as  principal 
or  accessory  before  the  fact,  shall  forever  be  disqualified 
from  holding  any  office  under  the  Constitution  and  laws 
of  this  State. 

An  accessory  before  the  fact  is  one  who  commands 
or  counsels  an  offense,  not  being  present  at  its  com- 
mission. An  accessory  after  the  fact  is  one  who, 
after  an  offense,  assists  or  shelters  the  offender,  not 
being  present  at  the  commission  of  the  offense.  (In- 
ternational Dictionary .) 

1 79.  Uniform  Action  of  Laws. — Sec.  6.  All  laws 
of  a general  nature  shall  have  a uniform  operation;  the 
General  Assembly  shall  not  grant  to  any  citizen,  or 
class  of  citizens,  privileges  or  immunities  which,  upon 
the  same  terms,  shall  not  equally  belong  to  all  citizens. 

This  is  to  prevent  partiality  toward  individuals  or 
corporations. 

180.  Freedom  of  Speech  and  Press. — Sec.  7. 
Every  person  may  speak,  write,  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of 


184 


CIVIL  GOVERNMENT  OF  IOWA 


that  right.  No  law  shall  be  passed  to  restrain  or  abridge 
the  liberty  of  speech,  or  of  the  press.  In  all  prosecu- 
tions or  indictments  for  libel,  the  truth  may  be  given  in 
evidence  to  the  jury;  and  if  it  appear  to  the  jury  that 
the  matter  charged  as  libelous  was  true,  and  was  pub- 
lished with  good  motives  and  for  justifiable  ends,  the 
party  shall  be  acquitted. 

Does  this  provision  leave  any  safeguard  against  the 
abuse  of  freedom  of  speech  ? In  cases  of  libel,  what 
consideration  is  paid  to  the  motives  of  the  accused  ? 
What  is  the  difference  between  slander  and  libel  ? 

181.  Security  from  Arrest  and  Search. — Sec.  8. 
The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects  against  unreasonable  seizures 
and  searches  shall  not  be  violated;  and  no  warrant  shall 
issue  but  on  probable  cause,  supported  by  oath  or  affir- 
mation, particularly  describing  the  place  to  be  searched 
and  the  persons  and  things  to  be  seized. 

If  there  is  good  reason  to  believe  that  a specified 
article  has  been  stolen  and  is  now  concealed  in  a cer- 
tain house,  no  one  may  enter  and  make  search  for  the 
article  without  securing  a search  warrant  from  some 
justice  of  the  peace  or  other  magistrate.  According 
to  the  above  section,  what  will  the  justice  require  one 
to  swear  to  before  he  gives  him  the  warrant  ? Gener- 
ally speaking,  a man  may  not  be  arrested  without  a 
warrant;  but  there  are  many  exceptions  to  this,  for  an 
officer  or  even  a private  citizen  may  arrest,  without  a 
warrant,  any  party  who  is  caught  in  the  act;  or,  when 
the  probability  of  guilt  is  great,  the  formality  of  the 
warrant  is  sometimes  ignored  by  the  officer  making 
the  arrest.  May  an  officer  insist  on  searching  any 
house  because  there  is  reason  to  suspect  that  some- 
thing is  concealed  therein,  though  the  warrant  does 
not  specify  for  what  the  search  is  to  be  made  ? 


STATE  GOVERNMENT  1 85 

1 82.  Trial  by  Jury. — Sec.  9.  The  right  of  trial  by 
'ary  shall  remain  inviolate;  but  the  General  Assembly 
may  authorize  trial  by  a jury  of  a less  number  than 
twelve  men  in  inferior  courts;  but  no  person  shall  be 
deprived  of  life,  liberty,  or  property,  without  due  pro- 
cess of  law. 

If  a person  is  tried  by  a jury  of  eleven  men  without 
his  specific  consent  to  the  irregularity  in  number,  the 
trial  is  illegal  and  he  is  entitled  to  another  trial. 
(Code,  p.  64.)  The  General  Assembly  has  author- 
ized a jury  of  six  in  a justice  court  (2 77). 

183.  Rights  of  the  Accused. — Sec.  10.  In  all 
criminal  prosecutions,  and  in  cases  involving  the  life  or 
liberty  of  an  individual,  the  accused  shall  have  a right  to 
a speedy  and  public  trial  by  an  impartial  jury;  to  be 
informed  of  the  accusation  against  him;  to  have  a copy 
of  the  same  when  demanded;  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory  process  for 
his  witnesses,  and  to  have  the  assistance  of  counsel. 

Prepare  a topical  recitation  on  The  Rights  of  the 
Accused: 

1.  The  kind  of  trial. 

2.  The  jury. 

3.  The  accusation. 

4.  Witnesses  for  and  against  the  accused. 

5.  Counsel. 

An  impartial  jury  is  secured  by  the  privilege  given 
both  to  the  accused  and  the  accuser,  of  challenging  or 
objecting  to  any  jurors  who  may  be  considered  preju- 
diced. Challenges  are  of  two  kinds: 

1.  Peremptory. 

2.  For  cause. 

Peremptory  challenges  are  made  without  giving  any 
reason.  Challenges  for  cause  specify  why  objection 
is  made.  The  number  of  peremptory  challenges  is 
limited;  the  causes  for  which  a juror  may  be  chal- 


1 86  CIVIL  GOVERNMENT  OF  IOWA 

lenged  are  designated  in  the  Code.  (Code,  § 3688.) 
If  the  accused  has  not  the  means  to  pay  for  counsel, 
the  State  must  furnish  it. 

1 84.  Indictment  by  the  G-rand  Jury. — Sec.  11.  All 
offenses  less  than  felony,  and  in  which  the  punishment 
does  not  exceed  a fine  of  one  hundred  dollars,  or  imprison- 
ment for  thirty  days,  shall  be  tried  summarily  before  a 
Justice  of  the  Peace,  or  other  officer  authorized  by  law, 
on  information  under  oath,  without  indictment,  or  the 
intervention  of  a grand  jury,  saving  to  the  defendant 
the  right  of  appeal;  and  no  person  shall  be  held  to 
answer  for  any  higher  criminal  offense,  unless  on  pre- 
sentment or  indictment  by  a grand  jury,  except  in  cases 
arising  in  the  army,  or  navy,  or  in  the  militia,  when  in 
actual  service,  in  time  of  war  or  public  danger. 

Public  offenses  are  divided  into 

1.  Felonies. 

2.  Misdemeanors. 

A felony  is  a public  offense  which  may  be  punished  by 
imprisonment  in  the  penitentiary.  All  public  offenses 
calling  for  less  severe  punishment  than  felonies  are 
misdemeanors.  (Code,  §§  5092-5094.)  The  word 
crime  is  used  loosely  and  may  stand  for  a felony  or  a 
misdemeanor.  An  indictment  is  a formal  accusation 
by  a grand  jury,  who  examine  the  evidence  presented, 
and  by  their  action  determine  whether  the  evidence  is 
sufficient  to  warrant  the  trial  of  the  accused  by  the 
district  court.  An  indictment  is  not  necessary  in 
cases  that  may  be  tried,  as  above  stated,  by  a justice 
of  the  peace,  but  an  appeal  is  allowed  from  the 
decision  of  the  justice  in  all  criminal  cases,  and  in  all 
civil  cases  involvmg  over  twenty -five  dollars . Notice 
that  cases  in  the  army,  navy,  or  the  militia  when  in 
actual  service,  are  tried  by  court-martial,  and  do  not 


STATE  GOVERNMENT 


18? 


require  indictment  by  the  grand  jury.  In  time  of 
war  or  public  danger,  the  indictment  is  not  always 
required,  because  public  safety  may  demand  summary 
action,  and  private  rights  must  temporarily  yield  to 
the  public  good. 

185.  Second  Trial. — Bail — Sec.  12.  No  person 
shall,  after  acquittal,  be  tried  for  the  same  offense.  All 
persons  shall,  before  conviction,  be  bailable,  by  suffi- 
cient sureties,  except  for  capital  offenses,  where  the 
proof  is  evident  or  the  presumption  great. 

There  are  some  apparent  exceptions  to  the  first 
part  of  this  section,  as  where  fraud  has  been  discovered 
in  the  trial. 

8 86,  Habeas  Corpus. — Sec.  13.  The  writ  of  ha- 
beas corpus  shall  not  be  suspended  or  refused  when 
application  is  made  as  required  by  law,  unless  in  case  of 
rebellion  or  invasion  the  public  safety  may  require  it. 

Formerly  it  was  common  in  England  to  arrest, 
without  real  cause,  parties  who  were  for  any  reason 
obnoxious  to  the  king,  and  to  imprison  them  indefi- 
nitely in  the  Tower  of  London.  The  same  custom 
prevailed  in  France;  and  the  Bastile  was  often  filled 
with  prisoners,  many  of  whom  had  committed  no 
crime,  but  were  incarcerated  for  personal  or  political 
reasons.  Charles  Dickens,  in  his  great  historical  novel, 
“A  Tale  of  Two  Cities,  ” has  described  the  libera- 
tion of  such  a man,  a physician,  who  had  been  in 
solitary  confinement  for  eighteen  years. 

1 87.  Definition  and  Illustration. — The  writ  of 
habeas  corpus  is  a paper  which  any  one  who  is 
imprisoned  without  cause  may  have  served  upon  his 
jailer,  requiring  that  person  to  bring  the  prisoner 


1 88  CIVIL  GOVERNMENT  OF  IOWA 

before  the  judge  who  has  granted  the  writ,  and  show 
why  the  prisoner  is  deprived  of  his  liberty.  If  the  jailer 
does  not  satisfy  the  judge,  he  is  obliged  to  release  the 
prisoner.  This  writ  may  be  served  on  any  one  who  is 
restraining  another  party  for  whatever  cause.  Lately 
a man  and  wife  were  divorced  and  their  son  was  given 
by  the  court  to  the  father,  but  the  mother  stole  the 
child  and  refused  to  give  him  up.  The  father  appealed 
to  a judge  of  the  district  court,  who  issued  a writ  of 
habeas  corpus  requiring  the  mother  to  bring  the  child 
into  court,  and  show  by  what  authority  she  was  detain- 
ing him.  The  writ  may  be  issued  by  any  court  of  a 
grade  superior  to  that  which  caused  the  imprisonment 
of  the  party;  but  as  a rule  the  United  States  courts 
cannot  interfere  with  those  imprisoned  under  State 
laws,  unless  in  cases  where  the  National  laws  are 
involved.  Neither,  as  a rule,  can  State  courts  issue  a 
writ  interfering  with  the  action  of  Federal  courts. 

Below  is  a copy  of  a writ  issued  by  the  Superior 
Court  of  Cedar  Rapids,  in  behalf  of  a man  who 
claimed  to  have  been  imprisoned  without  privilege  of 
bail.  For  obvious  reasons  we  do  not  quote  the  real 
name  of  the  party  in  the  case. 

Smith  & Clemans  filed  a petition  in  the  Superior 
Court  for  a writ  of  habeas  corpus  to  secure  the 
release  of  Richard  Roe  from  the  county  jail  at  Marion. 
Judge  Stoneman  granted  the  writ,  and  the  order  directed 
to  Constable  Oxley  of  Marion  reads  as  follows : 

“You  are  hereby  commanded  to  have  the  body  of 
Richard  Roe,  by  you  unlawfully  detained,  as  is  alleged 
in  the  petition  before  me,  John  T.  Stoneman,  judge  of 
the  Superior  Court,  in  and  for  the  city  of  Cedar  Rapids, 
Linn  County,  Iowa,  at  the  Superior  Court  in  the  city  of 
Cedar  Rapids,  Linn  County,  Iowa,  on  this  10th  day  of 


STATE  GOVERNMENT 


189 

February,  1893,  forthwith,  to  be  dealt  with  according  to 
law,  and  have  you  then  and  there  this  writ,  with  the 
return  thereon,  with  your  doings  in  the  premises.” 

188.  Relation  of  Military  to  Civil  Power. — Sec. 
14.  The  military  shall  be  subordinate  to  the  civil 
power.  No  standing  army  shall  be  kept  up  by  the  State 
in  time  of  peace;  and  in  time  of  war,  no  appropriation 
for  a standing  army  shall  be  for  a longer  time  than  two 
years. 

Art.  IV.,  Sec.  7.,  shows  how  the  military  is  kept 
subordinate  to  the  civil  power. 

The  last  part  of  the  clause  is  intended  to  prevent 
the  legislature  from  supporting  a standing  army  con- 
trary to  the  will  of  the  people. 

189.  Forced  Hospitality  to  Soldiers. — Sec.  15. 
No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of 
tvar  except  in  the  manner  prescribed  by  law. 

Students  of  United  States  history  will  recall  how, 
just  before  the  Revolution,  the  ‘ 4 populous  and  com- 
mercial town  of  Boston  was  garrisoned  with  an  army 
(British),  sent  not  to  protect  but  enslave  its  inhabit- 
ants,” and  how  by  that  means  the  “ civil  government 
was  overturned  and  a military  despotism  erected  upon 
its  ruins.”  It  was  quite  customary  then  to  force 
private  families  to  shelter  and  feed  the  soldiers  o' 
King  George. 

190.  Treason. — Sec.  16.  Treason  against  the  State 
shall  consist  only  in  levying  war  against  it,  adhering  to 
its  enemies,  or  giving  them  aid  and  comfort.  No  per- 
son shall  be  convicted  of  treason,  unless  on  the  evidence 
of  two  witnesses  to  the  same  overt  act,  or  confession  in 
open  court. 

Notice  three  points  in  the  definition  of  treason;  also 
four  points  in  connection  with  conviction. 


I90  CIVIL  GOVERNMENT  OF  IOWA 

191.  Injustice  and  Cruelty  to  Prisoners. — Sec.  17. 
Excessive  bail  shall  not  be  required;  excessive  fines 
shall  not  be  imposed,  and  cruel  and  unusual  punishment 
shall  not  be  inflicted. 

This  section  prevents  unprincipled  judges  from 
using  extortion  and  cruelty  toward  helpless  prisoners, 
a very  common  practice  in  olden  times.  Read  the 
articles  on  '‘Prisons  and  Prison  Discipline,”  in  the 
International  Cyclopedia . 

192.  Eminent  Domain. — Sec.  18.  Private  prop- 
erty shall  not  be  taken  for  public  use  without  just 
compensation  first  being  made,  or  secured  to  be  made 
to  the  owner  thereof,  as  soon  as  the  damages  shall  be 
assessed  by  a jury,  who  shall  not  take  into  consideration 
any  advantages  that  may  result  to  said  owner  on  account 
of  the  improvement  for  which  it  is  taken. 

The  right  of  eminent  domain  allows  the  government 
to  require  the  sale  of  private  property,  if  it  is  needed 
for  the  public  good,  not  otherwise.  This  is  a funda- 
mental principle  in  government.  The  right  is  fre- 
quently exercised  in  what  is  called  condemning  private 
property  to  secure  a location  for  a school-house,  or  to 
extend  a street  through  a private  lot.  An  appeal  may 
be  taken  from  the  decision  of  the  appraising  jury  to 
the  district  court.  Explain  the  last  clause  of  sec- 
tion 18. 

193.  Imprisonment  for  Debt. — Sec.  19.  No  per- 
son shall  be  imprisoned  for  debt  in  any  civil  action,  on 
mesne  or  final  process,  unless  in  case  of  fraud;  and  no 
person  shall  be  imprisoned  for  a military  fine  in  time  of 
peace. 

Until  the  passage  of  the  later  bankrupt  laws  in  Eng- 
land, the  prisons  of  that  country  were  crowded  with 
debtors.  A vivid  picture  of  this  condition  of  affairs 
may  be  found  in  the  description  of  the  Marshalsea  and 


STATE  GOVERNMENT 


I9I 


other  debtors'  prisons  in  Dickens’  4 ‘Little  Dorrit.” 
The  colony  of  Georgia  was  planned  by  Oglethorpe  as 
an  asylum  for  insolvent  debtors.  With  regard  to  the 
arrest  of  debtors,  most  of  the  States  of  the  Union 
have  followed  the  example  of  New  York,  where 
imprisonment  for  debt,  except  in  certain  cases,  was 
abolished  in  1831.  In  case  of  fraud , the  party 
would  be  imprisoned  for  a misdemeanor , and  not  for 
debt.  Mesne  process  is  the  process  intervening 
between  the  beginning  and  the  end  of  a suit.  Final 
process  is  a writ  of  execution  in  action  at  law.  (/;/- 
ternational  Dictionary .) 

194,  Right  of  Assembly  and  Petition. — Sec.  20. 
The  people  have  the  right  freely  to  assemble  together 
to  counsel  for  the  common  good;  to  make  known  their 
opinions  to  their  representatives  and  to  petition  for  a 
redress  of  grievances. 

The  industrial  armies  under  Coxey  and  Kelly  in 
1894  were  cases  of  assembly  and  petition  combined, 
but  the  men  composing  some  of  these  armies  were 
guilty  of  many  abuses  of  their  privileges  while  on  the 
march. 

195.  Attainder,  Ex  Post  Facto,  Etc. — Sec.  21. 
No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts,  shall  ever  be  passed. 

A bill  of  attainder  is  a judicial  act  passed  by  a legis- 
lative body,  condemning  a man  to  death  or  outlawry 
without  a fair  trial  “ for  offenses  against  the  state  or 
public  peace,”  i.e. , political  offenses.  In  England, 
bills  of  attainder  were  formerly  a favorite  means  of  dis- 
posing of  obnoxious  noblemen,  and  of  securing  large 
fortunes  to  the  crown.  Such  acts  were  accompanied 
by  (1)  the  confiscation  of  property,  and  (2)  the  forfeit- 


192 


CIVIL  GOVERNMENT  OF  IOWA 


ure  of  all  claims  to  legal  rights  and  protection.  By 
this  4 ‘ attaint  ’ ’ or  ‘ ‘ corruption  of  blood,  ” the  children 
of  the  condemned  were  debarred  from  inheritance  of 
any  property  through  him. 

1 96.  Ex  Post  Facto  Laws. — Ex  post  facto  law? 
are  laws  making  criminal  an  act  which  was  not  crinr 
inal  when  committed,  or  laying  upon  an  act  previously 
committed  a penalty  heavier  than  was  required  by 
law  when  the  act  was  committed.  Ex  post  facto 
laws  are  retro-active,  but  all  retro-active  laws  are  nof 
ex  post  facto,  for  the  ex  post  facto  principle  does  not 
apply  to  civil  cases. 

197.  Impairing  Obligation  of  Contracts. — No 
law  may  be  passed  which  releases  a party  from  a 
contract  made  before  the  law  was  passed.  Even 
the  Federal  Constititution  forbids  states  to  pass  such 
laws;  and  when  the  State  of  Tennessee  annulled 
the  charter  of  the  city  of  Memphis,  and  gave  it  a new 
charter,  which  declared  that  the  city  was  not  liable 
for  any  debts  contracted  under  the  old  charter,  the 
case  was  taken  into  the  Federal  courts,  and  the  char- 
ter declared  unconstitutional  in  so  far  as  it  impaired 
the  previous  contracts  of  the  city. 

198.  Rights  of  Foreigners. — Sec.  22.  Foreigners 
who  are  or  may  hereafter  become  residents  of  this 
State  shall  enjoy  the  same  rights  in  respect  to  the  pos- 
session, enjoyment,  and  descent  of  property  as  native- 
born  citizens. 

Does  this  give  foreigners  the  right  of  elective  fran- 
chise (voting)  ? 

199.  Slavery. — Sec.  23.  There  shall  be  no  slavery 
in  this  State;  nor  shall  there  be  involuntary  servitude, 
unless  for  the  punishment  of  crime. 


STATE  GOVERNMENT 


*93 


The  citizens  of  Iowa  have  never  had  any  sympathy 
with  slavery,  though  in  the  early  days,  previous  to  the 
Missouri  Compromise,  some  slaves  were  owned  here 
(73). 

200.  Lease  of  Lands. — Sec.  24.  No  lease  or  grant 
of  agricultural  lands,  reserving  any  rent,  or  service  of 
any  kind,  shall  be  valid  for  a longer  period  than  twenty 
years. 

It  is  a very  interesting  fact,  but  one  not  very  gener- 
ally known,  that  farm  lands  may  not  be  leased  for  a 
longer  period  than  twenty  years.  At  the  end  of  that 
time,  if  desired,  the  lease  may  be  renewed. 

20  I . Reservation  of  Rights.— Sec.  25.  The  enu- 
meration of  rights  shall  not  be  construed  to  impair  or 
deny  others,  retained  by  the  people. 

What  is  the  object  of  this  section  ? 

202.  Prohibitory  Amendment. — (Sec.  26.  No 
person  shall  manufacture  for  sale,  or  sell,  or  keep  for 
sale,  as  a beverage,  any  intoxicating  liquors  whatever, 
including  ale,  wine  and  beer.  The  General  Assembly 
shall  by  law  prescribe  regulations  for  the  enforcement 
of  the  prohibition  herein  contained,  and  shall  thereby 
provide  suitable  penalties  for  the  violation  of  the  pro- 
vision hereof.) 

(The  foregoing  amendment  was  adopted  at  a special 
election  held  on  June  27,  1882.  The  Supreme  court, 
April  21,  1883,  in  the  case  of  Koehler  & Lange  vs.  Hill, 
reported  in  60th  Iowa,  page  543,  held  that,  owing  to 
certain  irregularities,  the  amendment  was  not  legally 
submitted  to  the  electors,  and  did  not  become  a part  of 
the  constitution.) 


SUGGESTIVE  QUESTIONS. 

1.  How  was  prohibition  of  the  liquor  traffic  se- 
cured, when  the  prohibitory  amendment  proved  a 
failure  ? 

2.  What  is  the  Mulct  Law?  The  Manufacturer’s 
Bill  ? 


CHAPTER  XVI 


ARTICLE  II. RIGHT  OF  SUFFRAGE 

203.  Qualification. — Section  1.  Every  {white) 

male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years,  who  shall  have  been  a resident  of  this  state 
six  months  next  preceding  the  election,  and  of  the 
county  in  which  he  claims  his  vote  sixty  days,  shall  be 
entitled  to  vote  at  all  elections  which  are  now  or  here- 
after may  be  authorized  by  law. 

(Amended  by  striking  out  the  word  “white”  at  the 
general  election  in  1868.) 

Show  by  outline  the  qualifications  required  in  a voter 
in  Iowa. 

Qualifications  for  voting  in  Iowa: 

1.  Sex. 

2.  Citizenship. 

3.  Age. 

4.  Residence. 

(a)  In  State. 

( b ) In  District. 

When  it  was  proposed  to  pass  a law  giving  women 
the  right  to  vote,  the  opponents  of  the  law  said  it  was 
unconstitutional.  Is  there  anything  in  this  section 
forbidding  the  legislature  to  give  women  the  elective 
franchise  ? The  General  Assembly  finally  passed  a law 
giving  women  the  privilege  of  voting  on  financial 
questions  in  city  and  school  elections.  Is  this  law 
any  more  in  accordance  with  the  terms  of  the  Consti- 
tution than  the  law  first  proposed  ? 

The  statutes  of  the  United  States  require  a residence 
of  five  years  before  a foreigner  can,  by  naturalization, 

194 


RIGHT  OF  SUFFRAGE 


195 


become  a citizen  of  the  United  States.  Every  state 
is  allowed  to  decide  for  itself  what  shall  be  the  quali- 
fications of  its  electors  (voters),  and  many  states 
allow  aliens  to  vote  as  soon  as  they  have  declared  their 
intention  of  becoming  citizens.  See  the  * ‘World 
Almanac  ” for  a statement  of  requirements  in  a voter  in 
each  State  in  the  Union. 

204.  Privilege  from  Arrest.  — Sec.  2.  Electors 
shall,  in  all  cases  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  on  the  days  of  election, 
during  their  attendance  at  such  elections,  going  to  and 
returning  therefrom. 

If  it  were  not  for  this  provision  in  the  Constitution, 
men  might  be  deprived  of  the  privilege  of  voting  by 
an  arrest  on  some  unimportant  or  even  feigned  griev- 
ance of  a private  nature.  Notice  the  nature  of  the 
exceptions  to  this  exemption  from  arrest. 

205.  Exemption  from  Military  Duty. — Sec.  3.  No 
elector  shall  be  obliged  to  perform  military  duty  on  the 
day  of  the  election,  except  in  time  of  war  or  public 
danger. 

If  the  militia  were  required  to  be  in  camp  on  elec- 
tion day,  it  would  work  a hardship  in  connection  with 
their  voting  privilege;  but  in  time  of  a riot  or  other 
public  danger,  the  militia  must  be  available  to  protect 
society. 

206.  Residence  of  Soldiers  and  Marines. — Sec.  4. 
No  person  in  the  military,  naval,  or  marine  service  of 
the  United  States  shall  be  considered  a resident  of  this 
State  by  being  stationed  in  any  garrison,  barrack,  or 
military  or  naval  place  or  station  within  this  State. 

The  vote  of  soldiers  in  barracks  in  a small  town 
would  be  a menace  to  the  wishes  of  the  residents 
while  the  soldiers  would  have  no  vital  interests  at  stake. 


196 


CIVIL  GOVERNMENT  OF  IOWA 


207*  Disqualifications  for  Elective  Franchise. — 
Sec.  5.  No  idiot,  or  insane  person,  or  person  convicted 
of  any  infamous  crime  shall  be  entitled  to  the  privilege 
of  an  elector. 

An  idiot  is  one  who  has  been  weak-minded  from 
birth.  An  imbecile  is  one  who  has  become  weak- 
minded  through  disease  or  accident.  An  insane  person 
is  one  whose  mind  is  in  any  way  seriously  unbalanced. 
Such  people  lack  the  intelligence  necessary  for  the 
safe  use  of  the  ballot.  They  would  become  the  tools 
of  politicians.  By  an  infamous  crime  is  meant  one 
punished  with  imprisonment  in  the  penitentiary.  Crim- 
inals of  this  class  certainly  should  not  be  trusted  with 
the  ballot.  Provision  is  made,  however,  for  the  restora- 
tion of  the  franchise  to  such  parties  through  the  action  of 
the  governor,  and  this  is  commonly  done  in  the  case  of 
criminals  who  show  promise  of  permanent  reform. 

208-  Parole  of  Prisoners. — In  this  connection  it  is 
interesting  to  know  that  the  law  provides  for  a reduction 
of  the  time  of  imprisonment,  in  the  case  of  prisoners 
who  show  evidence  of  reform.  The  law  provides  a 
maximum  time  of  imprisonment  for  each  offense,  and 
every  prisoner  sentenced  to  the  penitentiary  is  liable  to 
be  kept  there  the  full  term  if  he  does  not  behave  well. 
The  penitentiary  at  Anamosa  serves  as  a reformatory 
for  the  confinement  of  first  offenders  under  thirty  years 
of  age,  who  are  thus  kept  entirely  separate  from  the 
more  hardened  criminals.  A board  of  parole,  consisting 
of  three  members  appointed  by  the  governor,  makes  rules 
and  regulations  under  which  it  may  release  prisoners 
from  either  penitentiary  on  parole,  for  good  behavior, 
and  exercise  supervision  over  them  while  they  are  absent 


RIGHT  OF  SUFFRAGE 


197 


from  the  penitentiary.  The  time  spent  on  parole  does 
not  count  as  part  of  the  term  of  imprisonment,  in  case 
the  prisoner  violates  the  condition  of  his  parole.  If  the 
prisoner  on  parole  for  more  than  twelve  months  shows 
evidence  of  reform,  the  board  may  recommend  that  the 
governor  pardon  him,  and  this  is  usually  done.  In  con- 
sequence of  such  good  behavior,  or  on  his  own  judgment, 
the  governor  may  restore  the  franchise  to  a criminal. 
(Code  § 5706;  Laws  of  1907.) 

209.  Elections. — Sec.  6.  All  elections  by  the  peo- 
ple shall  be  by  ballot. 

Amendment. — The  general  election  for  State,  County 
and  Township  officers  shall  be  held  on  the  Tuesday  next 
after  the  first  Monday  in  November. 

(The  foregoing  amendment  was  adopted  at  the  general 
election  in  1884.) 

By  an  amendment  adopted  in  1904  (see  Sec.  16  of 
Schedule,  page  279)  the  general  election  is  held  only  in 
even-numbered  years. 

2 I O.  Registration. — All  voters  in  cities  of  thirty-five 
hundred  inhabitants  are  required  to  register  before  elec- 
tion, giving  their  names  and  certain  other  items  of  infor- 
mation as  stated  in  the  list  below.  (Code  § 1076.) 


1. 

Residence. 

7. 

Naturalized  (?). 

2. 

Name. 

8. 

Date. 

3. 

Age. 

9. 

Court. 

4. 

Nativity. 

10. 

By  act  of  Congress. 

5. 

Color. 

11. 

Qualified  voter. 

6. 

Term  of  residence  in  pre- 

12. 

Date  of  application. 

cinct,  county,  State. 

13. 

Last  preceding  residence. 

Each  of  these  items  is  a heading  for  a column  in  the 
registration  book,  so  that  the  same  items  of  informa- 


ig8 


CIVIL  GOVERNMENT  OF  IOWA 


tion  are  recorded  opposite  each  name  registered. 
As  the  information  is  furnished  under  oath  by  the 
party  registered,  a man  has  to  commit  perjury  to 
secure  registration  before  he  has  been  naturalized,  or 
before  he  has  satisfied  the  legal  requirements  as  to 
age  or  residence.  Every  year  new  lists  of  voters  are 
made,  and  all  voters  on  the  previous  year’s  list  who 
failed  to  vote  at  the  last  election  must  re-register. 
For  the  presidential  election,  every  one  must  re-register. 
Certain  days  are  advertised  on  which  the  registration 
board  will  be  in  session,  and  neglect  to  register  on 
these  days  deprives  one  of  the  privilege  of  voting, 
unless  he  can  prove  that  he  was  out  of  town  on  these 
days. 

211.  The  Ballot. — “When  members  of  Parlia- 
ment were  first  elected  in  England,  the  choice  of  the 
voter  was  manifested  by  the  voice,  by  show  of  the 
hands,  or  other  public  sign.  Voting  for  members  of 
Parliament  continued  to  be  by  voice  till  1872,  when 
the  secret  ballot  was  introduced.  Voting  by  ballot 
was  provided  for  in  some  of  the  colonial  charters,  and 
in  some  of  the  colonies  and  states  it  has  always  pre- 
vailed. In  other  states,  especially  in  the  South,  the 
ballot  was  not  used  until  after  the  Civil  War.  Now 
its  use  is  required  by  every  state  but  two.1  The  ob- 
ject of  the  ballot  is  to  secure  secrecy,  that  the  voter 
may  be  free  to  express  his  real  choice  without  fear  or 
intimidation.” — Macy’s  Our  Government , p . 86. 

212.  The  Australian  Ballot. — The  ballot  was  an 
improvement  on  viva  voce  voting,  but  did  not  secure 

1 The  two  states  alluded  to  are  Kentucky  and  Oregon.  Both  now 
use  the  ballot. 


RIGHT  OF  SUFFRAGE 


*99 


o 

P 

O 

NH 

p 


k p 

§ < 
S tH 

§ GO 

^ g 

k £ 


O'  £_, 

1 8 

^ w 

« 

£ $ 
a p 

^ HH 

*1  J 


•I5 


o 


P 

3 

O 

P 

Pm 


fc 
C O 
S w 

5 g 

S o 


k 

<s> 

8 . 
£ « 
rs  w 

S>  J 
>4  H 

1 H 

I 3 


§ □ 


A W 
^ — 


* 

k 

§ 


H 

◄ 

P 

O 

o 

S 

w 

p 


C/3 

w 

o 

W 

W 

o 

< 

OP 

o 

ffi 


<)  c/3 


cs 

<0 

* 

k 


□ ^ ^ 


◄ 

NH 

P 

P 

& 

P 

a 

P 


OP 

w 

ij 

w 

w 

ffi 


^5  U 


$ 


< 

pp 

£ 

□ 


§ fc 
k w 
8 H 

r<a  p 

^ o 

>4  a 

« § 

<3 

^ W 
k o 

^ □ 


k 

» 

t 


■$p 

^ C/3 
k 


secrecy.  Formerly  the  bal- 
lots were  printed  by  private 
parties,  and  friends  of  the 
candidates  would  follow  the 
voter  to  the  very  ballot-box, 
urging,  coaxing,  threatening, 
and  even  trying  to  bribe  him 
to  vote  their  ticket.  Under 
these  circumstances  it  was 
an  easy  matter  to  know  how 
a man  voted;  and,  as  a con- 
sequence, men  very  often 
voted,  not  as  they  desired 
but  as  their  employers,  or 
certain  influential  persons, 
wished  them  to  vote.  Now 
some  secret  form  of  voting 
is  required  in  most  states. 
The  so-called  Australian  bal- 
lot had  its  origin  in  New 
South  Wales,  Australia,  in 
1857.  It  was  adopted  in 
England  about  1872,*  and 
since  then  has  been  intro- 
duced with  some  modifica- 
tions in  Canada  and  many 
of  the  states  of  our  Union. 

213.  The  Belgian  Bal- 
lot. — ‘ ‘ The  Iowa  law  is 
based  upon  a plan  used  in 
Belgium,  and  should  prop- 
erly be  called  the  ‘ Belgian 


*Feilden’s  Cons.  History  p.  147. 


200 


CIVIL  GOVERNMENT  OF  IOWA 


ballot.'  By  the  former  plan,  the  candidates  are 
classified  by  offices,  while  by  the  latter  they  are 
grouped  by  political  parties." — Chandler’s  Iowa  and 
the  Nation , p.  102.  By  the  Iowa  method  of  voting, 
the  ballots  are  printed  and  sent  to  the  judges  of  elec- 
tions by  the  county  auditor,  and  every  ballot  must  be 
returned  to  the  auditor  with  the  report  of  the  elec- 
tion. Even  the  ballots  mutilated  by  mistakes  made 
by  voters  must  be  preserved  and  returned  with  the 
rest.  Each  ballot  has  the  names  of  all  the  candidates 
on  it,  the  candidates  of  each  party  being  in  a 
separate  column.  A specimen  of  the  top  of  a regula- 
tion ballot,  containing  the  first  three  candidates  on 
each  party  list  is  shown  on  p.  199. 

214 . Method  of  Voting. — A person  desiring  to 
vote  presents  himself  at  the  table  where  the  judges  of 
election  are  seated  and  mentions  his  name  for  verifica- 
tion in  the  registration  book  (2 1 o).  The  first  judge  then 
folds  one  of  the  ballots,  writes  his  initials  on  the  back, 
and  gives  it  to  the  voter,  who  carries  it  to  one  of  the 
enclosed  booths  behind  the  table,  and  there  finds 
instructions  how  to  mark  his  ballot.  He  makes  a cross 
in  the  square  against  each  candidate  for  whom  he 
would  vote.  He  then  returns  to  the  ballot-box  and  gives 
the  ballot  to  the  judge,  who  places  it  in  the  box,  at  the 
same  time  announcing  the  name  of  the  voter  to  the 
other  judges,  who  check  the  name  off  the  registration 
books,  while  the  clerks  of  the  election  record  it  in  the 
poll  books.  No  electioneering  is  allowed  within  one 
hundred  feet  of  the  polls,  under  heavy  penalties,  nor  is 
a voter  allowed  to  let  his  ballot  be  seen  for  the  purpose 
of  showing  how  he  is  about  to  vote.  Voters  who  de- 


RIGHT  OF  SUFFRAGE 


201 


clare  under  oath  that  they  cannot  read  may  be  assisted 
in  preparing  their  ballots  by  two  judges  of  different 
parties.  Intoxicated  persons  may  vote,  but  are  not 
entitled  to  receive  assistance  in  marking  their  ballots. 

215.  Election  Boards. — Election  boards  are  com- 
posed of  three  judges  and  two  clerks;  only  two  judges 
and  one  clerk  may  belong  to  the  same  political  party. 
In  municipalities,  the  members  of  the  council  act  as 
judges,  and  in  townships  the  trustees  are  ex-officiis 
judges.  If  more  than  two  councilmen  or  trustees  of 
the  same  party  reside  in  the  same  voting  precinct,  the 
county  supervisors  designate  which  shall  act  as  judges. 
The  third  judge  is  chosen  from  another  political  party 
which  had  the  next  largest  number  of  votes  in  that 
precinct  at  the  last  general  election. 

2 1 6.  Election  Returns. — The  township  clerk  sends 
an  abstract  of  the  results  of  the  election,  together 
with  the  votes  strung  on  a wire  (whose  ends  are  then 
united  and  sealed),  to  the  county  auditor  for  safe 
keeping  during  the  six  months  allowed  for  contest- 
ing the  election.  In  municipal  elections  (149)  the 
council  and  city  clerk  perform  all  the  duties  incumbent 
on  the  county  supervisors  and  auditor  in  the  general 
elections.  The  county  supervisors,  receiving  reports 
of  the  elections  from  the  townships,  make  abstracts  of 
the  same  and  report  to  the  executive  council  (260), 
directing  the  report  to  the  secretary  of  state.  The 
report  of  the  vote  for  governor  and  lieutenant- 
governor  is  required  by  the  Constitution  to  be  sent  to 
the  speaker  of  the  House  of  Representatives,  but  it  is 
held  by  the  secretary  of  state  till  the  General  Assembly 
is  organized,  and  then  turned  over  to  the  speaker. 


202 


CIVIL  GOVERNMENT  OF  IOWA 


THE  SELECTION  OF  CANDIDATES 

1.  Petition. — A candidate  for  any  elective  office 
may  be  nominated  by  a petition  signed  by  a certain 
number  of  voters,  as  required  by  law. 

2.  The  Caucus. — In  towns  and  cities  under  15,000, 
local  officers  may  be  nominated  by  party  caucuses. 
A short  time  before  the  election,  each  party  holds  a 
caucus,  or  special  meeting  of  its  voters,  to  agree  upon 
the  candidates  whom  that  party  will  support.  At  these 
caucuses  any  matters  of  party  interest  are  discussed  and 
committees  are  appointed  for  conducting  the  campaign. 

3.  The  Primary. — The  law  now  requires  that  nearly 
all  other  party  candidates  be  chosen  by  ballot  at  a pri- 
mary election,  which  is  conducted  much  like  the  regular 
election.  The  primary  elections  of  all  parties  are  held 
at  one  time  and  place  in  each  precinct  and  are  con- 
ducted by  one  set  of  officers ; but  separate  ballots  are 
provided  for  each  party,  and  the  voter  may  vote  only 
his  own  party  ballot.  Not  only  the  party  candidates  for 
public  office,  but  also  the  county  committeemen  and  dele- 
gates to  the  county  convention  of  each  party  are  chosen 
by  this  method.  But  whenever  the  person  receiving 
the  most  votes  as  candidate  for  any  county,  district,  or 
State  office  has  less  than  35  per  cent  of  the  total  vote  of 
his  party  for  that  position,  such  vote  is  disregarded, 
and  the  nomination  is  made  by  the  party  convention. 

4.  The  Convention. — The  county  convention  of  each 
party  selects  the  party  candidates  for  county  officers  in 
cases  where  no  one  has  received  35  per  cent  of  the  vote 
in  the  primaries.  It  also  sends  delegates  to  district  and 
State  conventions,  which  make  nominations  for  district 
and  State  officers  under  like  conditions. 


RIGHT  OF  SUFFRAGE 


203 


In  the  selection  of  presidential  candidates,  the  plan 
is  carried  one  step  further,  and  the  State  convention 
selects  delegates  to  the  National  convention.  Some- 
times delegates  are  instructed  to  vote  for  certain 
candidates  ; sometimes  they  are  left  free  to  use  their 
own  judgment. 


SUGGESTIVE  QUESTIONS. 

1.  May  a woman  vote  on  selection  of  school  direc- 
tors in  Iowa  ? 

2.  Are  there  any  states  where  this  privilege  is  en- 
joyed by  women  ? 

3.  In  what  states  do  women  have  full  suffrage  ? 

(203). 

4.  In  what  states  are  aliens  allowed  to  vote  ? 

5.  On  what  ground  must  a person  reside  ten  days 
in  a voting  precinct  before  being  allowed  to  vote  ? 

6.  Why  was  the  word  “white  ” struck  out  of  Art. 
II.,  Sec.  1 ? 


CHAPTER  XVII 


ARTICLE  III. — LEGISLATIVE  DEPARTMENT 

2 1 7.  Distribution  of  Power. — Sec.  1.  The  powers 
of  the  government  of  Iowa  shall  be  divided  into  three 
separate  departments,  the  Legislative,  the  Executive, 
and  the  Judicial;  and  no  person  charged  with  the  exer- 
cise of  powers  properly  belonging  to  one  of  these  depart- 
ments shall  exercise  any  function  appertaining  to  either 
of  the  others,  except  in  cases  hereinafter  expressly 
directed  or  permitted. 

The  Legislature  is  the  law-making  power.  The 
Executive  is  the  law-enforcing  power.  The  Judiciary 
is  the  law-interpreting  power.  The  General  Assembly 
possesses  all  legislative  authority  not  delegated  to  the 
general  (United  States)  government,  or  prohibited  by 
the  Constitution  of  the  United  States  or  of  Iowa.  In 
other  words,  the  General  Assembly  may  do  anything 
not  prohibited  by  the  State  Constitution  or  by  the 
Supreme  law  of  the  United  States  (128). 

218.  Legislative  Department. — Sec.  1.  The 
Legislative  authority  of  this  State  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a Senate  and 
House  of  Representatives;  and  the  style  of  every  law 
shall  be: 

1 ‘ Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Iowa.  ” 

The  purpose  of  two  houses  is  to  put  a check  upon 
hasty  legislature.  The  clause,  4 ‘ Be  it  enacted,  etc.,” 
is  also  called  the  enacting  clause  of  a law,  and  will  be 

204 


LEGISLATIVE  DEPARTMENT 


205 


found  at  the  beginning  of  every  chapter  in  the  laws  of 
any  General  Assembly. 

2 1 9.  Regular  and  Special  Sessions. — Sec.  2.  The 
sessions  of  the  General  Assembly  shall  be  biennial,  and 
shall  commence  on  the  second  Monday  in  January  next 
ensuing  the  election  of  its  members,  unless  the  Gov- 
ernor of  the  State  shall,  in  the  meantime,  convene  the 
General  Assembly  by  proclamation. 

Notice  the  difference  in  the  time  of  the  beginning  of 
a regular  session  and  the  beginning  of  the  term  (Sec. 
3).  In  extra  sessions  the  assembly  is  not  restricted  to 
the  business  for  which  it  was  called  together.  (Code 
p.  91,  note  on  Constitution,  Art.  IV.,  Sec.  11.) 

220.  House  of  Representatives, — Sec.  3.  The 
members  of  the  House  of  Representatives  shall  be 
chosen  every  second  year  by  the  qualified  electors  of 
their  respective  districts,  on  the  second  Tuesday  in 
October,  except  the  years  of  the  Presidential  election, 
when  the  election  shall  be  on  the  Tuesday  next  after  the 
first  Monday  in  November;  and  their  term  of  office  shall 
commence  on  the  first  day  of  January  next  after  their 
election,  and  continue  two  years,  and  until  their  succes- 
sors are  elected  and  qualified. 

(By  an  amendment  adopted  by  the  general  election 
in  1884,  elections  now  occur  uniformly  in  November). 

221.  Qualifications  of  Representatives. — Sec.  4. 
No  person  shall  be  a member  of  the  House  of  Repre- 
sentatives who  shall  not  have  attained  the  age  of  twenty- 
one  years,  be  a {free  white')  male  citizen  of  the  United 
States,  and  shall  have  been  an  inhabitant  of  this  State 
one  year  next  preceding  his  election,  and  at  the  time  of 
his  election  shall  have  had  an  actual  residence  of  sixty 
days  in  the  county  or  district  he  may  have  been  chosen 
to  represent. 

(Amended  by  striking  out  the  words  ‘ 4 free  white,  ’ ' 
at  the  general  election  in  1880.) 


206 


CIVIL  GOVERNMENT  OF  IOWA 


Study  these  sections  by  the  following  outline: 

Representatives, 

Number  (See  Art.  III.,  Sec.  35); 

Election, 

When, 

By  whom; 

Term  of  service. 

Beginning, 

Length, 

Regular, 

Contingent; 

Qualifications, 

Age, 

Sex, 

Citizenship, 

Residence. 

What  change  has  been  made  in  the  time  of  the 
election  ? Why,  when,  and  how  was  the  change  made  ? 
Could  the  General  Assembly  have  made  the  change  ? 

222.  Senators. — Sec.  5.  Senators  shall  be  chosen 
for  the  term  of  four  years,  at  the  same  time  and  place  as 
Representatives;  they  shall  be  twenty-five  years  of  age, 
and  possess  the  qualifications  of  Representatives  as  to 
residence  and  citizenship. 

Sec.  6.  The  number  of  Senators  shall  not  be  less 
than  one-third,  nor  more  than  one-half  the  Repre- 
sentative body;  and  shall  be  so  classified  by  lot  that 
one  class,  being  as  nearly  one-half  as  possible,  shall  be 
elected  every  two  years.  When  the  number  of  Senators 
is  increased,  they  shall  be  annexed  by  lot  to  one  or  the 
other  of  the  two  classes,  so  as  to  keep  them  as  nearly 
equal  in  numbers  as  practicable. 

Study  this  section  by  the  following  outline: 

Senators, 

Number, 

Relative  limits, 

Absolute  limit  (Article  III.,  Sec.  34); 

Classes, 

How  many, 

Changes,  how  made; 


LEGISLATIVE  DEPARTMENT 


207 


Election, 

When, 

By  whom; 

Term  of  service, 

Beginning, 

Length, 

Regular, 

Contingent; 

Qualifications, 

Age, 

Sex, 

Citizenship, 

Residence. 

What  is  the  purpose  in  classifying  the  senators  ? 

223.  Powers  and  Duties  Belonging  to  Both 
Houses. — Sec.  7.  Each  house  shall  choose  its  own 
officers,  and  judge  of  the  qualification,  election,  and 
return  of  its  own  members.  A contested  election  shall 
be  determined  in  such  manner  as  shall  be  directed  by 
law. 

Sec.  8.  A majority  of  each  house  shall  constitute  a, 
quorum  to  transact  business;  but  a smaller  number  may 
adjourn  from  day  to  day,  and  may  compel  the  attendance 
of  absent  members  in  such  manner  and  under  such 
penalties  as  each  house  may  provide. 

Sec.  9.  Each  house  shall  sit  upon  its  own  adjourn- 
ments, keep  a journal  of  its  proceedings,  and  pub- 
lish the  same;  determine  its  rules  of  proceedings,  punish 
members  for  disorderly  behavior,  and,  with  the  consent 
of  two-thirds,  expel  a member,  but  not  a second  time  for 
the  same  offense,  and  shall  have  all  other  power  neces- 
sary for  a branch  of  the  General  Assembly  of  a free  and 
independent  state. 

Study  these  sections  by  the  following  analysis,  and 
be  able  to  fill  out  from  memory. 

Quorum,  Sec.  8. 

For  business, 

Two  prerogatives  of  a smaller  number; 


208 


CIVIL  GOVERNMENT  OF  IOWA 


Authority  over  membership  as  to 
Admission,  Sec.  7, 

Three  points, 

Contested  election, 

Conduct,  Sec.  9, 

Removal, 

Two  conditions, 

Rules  of  order; 

Adjournment,  Sec.  9, 

Temporary, 

Restrictions,  Sec.  14. 

Final, 

In  case  of  disagreement,  Art..,  IV.,  Sec.  13; 

Records. 

The  power  to  enforce  the  attendance  of  absent 
members  through  the  action  of  the  sergeant-at-arms 
might  at  times  be  necessary  to  prevent  serious  delay 
in  legislation.  Such  absence  is  sometimes  intentional 
on  the  part  of  those  opposed  to  bills  before  the  house, 
and  prevents  a quorum. 

224,  Rights  of  Individuals,  — Sec.  10.  Every 
member  of  the  General  Assembly  shall  have  the  liberty 
to  dissent  from,  or  protest  against,  any  act  or  resolution 
which  he  may  think  injurious  to  the  public  or  an  indi- 
vidual, and  have  the  reasons  for  his  dissent  entered  on 
the  journals;  and  the  yeas  and  nays  of  the  members  of 
either  house,  on  any  question,  shall  at  the  desire  of  any 
two  members  present  be  entered  on  the  journals. 

Sec.  11.  Senators  and  Representatives,  in  all  cases, 
except  treason,  felony,  or  breach  of  the  peace,  shall  be 
privileged  from  arrest  during  the  session  of  the  General 
Assembly,  and  in  going  to  and  returning  from  the  same. 

The  right  to  protest,  and  having  that  protest 
recorded,  is  only  justice  to  members  whose  constituency 
might  blame  them  seriously  for  the  passage  of  some 
measure  unfavorable  to  that  community.  The  yea 
and  nay  vote  consists  in  calling  the  roll  of  members 


LEGISLATIVE  DEPARTMENT 


209 


and  giving  each  member  the  chance  to  vote  ‘ ‘ yea  ” or 
“nay”  on  the  question.  These  votes  are  recorded, 
also  the  number  of  members  not  voting  because  of 
absence.  In  the  Congress  of  the  United  States, 
the  demand  of  one  fifth  of  those  present  is  necessary 
to  call  for  yea  and  nay  votek.  In  the  legislature  of 
Iowa,  all  bills,  at  their  final  reading,  require  this  kind 
of  vote.  This  is  not  necessary  in  Congress. 

Notice  the  three  conditions  and  three  exceptions  to 
the  privilege  from  arrest.  Without  this  privilege,  a 
member  of  the  General  Assembly  might  be  required 
to  be  present  at  some  case  in  court  involving  only 
private  business,  and  perhaps  trumped  up  simply  to 
deprive  the  Assembly  of  his  vote. 

225.  Freedom  of  Speech. — Members  of  Con- 
gress also  have  exemption  from  legal  liability  for 
anything  said  in  debate  on  the  floor  of  the  house. 
This  privilege,  though  not  granted  by  our  State  con- 
stitution, is  given  by  statute.  (Code,  §11).  How- 
ever, a member  may  not  publish  and  distribute  his 
speech  without  being  liable  for  whatever  sentiments  it 
may  contain.  Of  course  the  official  publication  of  a 
member’s  speech  in  the  House  or  Senate  Journal  does 
not  render  him  liable.  Any  impropriety  of  speech 
may  be  punished  by  the  house  according  to  its  own 
rules  under  Sec.  9 of  this  Article. 

226.  Vacancies. — Sec.  12.  When  vacancies  occur 
in  either  house,  the  governor,  or  the  person  exercising 
the  functions  of  governor,  shall  issue  writs  of  election 
to  fill  such  vacancies. 

Such  writs  of  election  are  issued  to  the  sheriff,  and 
notice  of  said  election  is  by  him  posted  in  public 


210 


CIVIL  GOVERNMENT  OF  IOWA 


places  and  published  in  the  leading  papers.  (Code, 
§ 1062).  Below  is  a copy  of  a governor’s  proclamation 
for  a general  election,  and  the  sheriff’s  notice  of  the 
same  election  in  Black  Hawk  County  : 

BY  THE  GOVERNOR. 

A PROCLAMATION 

For  a General  Election,  to  be  Held  Tuesday,  Novem- 
ber 3,  1896. 


Pursuant  to  Law,  I,  Francis  M.  Drake,  Governor  of 
the  State  of  Iowa,  do  proclaim  that  at  the  General  Elec- 
tion to  be  held  on  the  Tuesday  next  after  the  first  Mon- 
day in  November,  it  being  the  third  day  of  that  month, 
in  the  year  one  thousand  eight  hundred  and  ninety-six, 
the  offices  hereinafter  named  are  to  be  filled,  to-wit  : 

By  vote  of  all  electors  in  the  State: 

The  office  of  Elector  of  President  and  Vice-President 
of  the  United  States,  to  be  filled  by  the  choice  of  thirteen 
Electors,  each  ballot  for  such  office  to  contain  the 
name  of  at  least  one  inhabitant  of  each  district  into 
which  the  State  is  divided,  and  to  designate  against 
the  name  of  each  person  voted  for  the  number  of 
the  congressional  district  to  which  he  belongs. 

The  office  of  Secretary  of  State. 

The  office  of  Auditor  of  State. 

The  office  of  Treasurer  of  State. 

The  office  of  Attorney-General. 

The  office  of  Judge  of  the  Supreme  Court,  to  succeed 
James  H.  Rothrock. 

The  office  of  Railroad  Commissioner. 

By  vote  of  the  electors  in  the  several  Congressional 
districts  : 

The  office  of  Representative  in  Congress  from  each  of 
said  districts. 

By  vote  of  the  electors  of  certain  Judicial  districts  the 
office  of  Judge  of  the  District  Court,  as  follows: 

In  the  Twelfth  Judicial  District,  to  succeed  Porter 
W.  Burr. 


LEGISLATIVE  DEPARTMENT 


21 1 


In  the  Fourteenth  Judicial  District,  to  succeed  Lot 
Thomas. 

In  the  Fifteenth  Judicial  District,  to  succeed  Nathan 
W.  Macy. 

In  the  Twentieth  Judicial  District,  to  succeed  Win- 
field S.  Withrow. 

And  I do  further  proclaim  and  give  notice  that  on  the 
day  of  said  general  election,  certain  offices,  having 
become  vacant,  are  to  be  filled  by  the  electors  through- 
out the  State  and  in  the  districts  named,  to-wit: 

The  office  of  Railroad  Commissioner  in  the  place  of 
John  W.  Luke,  deceased,  said  office  being  now  tempo- 
rarily filled  by  Edward  A.  Dawson. 

The  office  of  Judge  of  the  Fifth  Judicial  District,  in 
the  place  of  John  H.  Henderson,  resigned,  the  office 
being  now  temporarily  filled  by  John  A.  Storey. 

The  office  of  Judge  of  the  Seventeeth  Judicial  Dis- 
trict, under  the  provisions  of  chapter  one  hundred  and 
twenty-two,  of  the  acts  of  the  Twenty-sixth  General 
Assembly,  said  office  being  now  filled  by  Obed  Caswell. 

The  office  of  Judge  of  the  Eighteenth  Judicial  Dis- 
trict, in  the  place  of  William  P.  Wolf,  deceased. 

Whereof,  all  electors  throughout  the  State  will  take 
due  notice,  and  the  Sheriffs  of  the  several  counties  will 
take  official  notice,  and  be  governed  accordingly. 

In  testimony  whereof,  I have  hereunto  set  my  hand 
and  caused  to  be  affixed  the  Great  Seal  of  the  State  of 
Iowa. 

Done  at  Des  Moines,  this  twenty-eighth  day  of  Sep- 
tember, in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  ninety-six,  of  the  Independence  of  the 
United  States  the  one  hundred  and  twenty-first,  and  of 
the  State  of  Iowa  the  fiftieth. 

By  the  Governor  : 

[seal]  F.  M.  Drake. 

W.  M.  McFarland, 

Secretary  of  State . 

State  of  Iowa,  Black  Hawk  County: 

Pursuant  to  Law,  I,  W.  M.  Law,  Sheriff  of  Black 
Hawk  county,  Iowa,  do  hereby  proclaim  that  at  the 
general  election  to  be  held  on  the  Tuesday  next  after 


212 


CIVIL  GOVERNMENT  OF  IOWA 


the  first  Monday  in  November,  it  being  the  third  day  of 
that  month,  in  the  year  one  thousand  eight  hundred 
and  ninety-six,  the  offices  hereinafter  named  are  to  be 
filled  by  vote  of  all  the  electors  of  the  county,  to-wit  : 

The  office  of  Clerk  of  the  District  Court. 

The  office  of  Recorder  of  Deeds. 

The  office  of  County  Auditor. 

The  office  of  County  Attorney. 

The  office  of  Supervisor — 1st  Supervisor  district. 

The  office  of  Supervisor — 2d  Supervisor  district. 

The  office  of  Supervisor — 3d  Supervisor  district  (to 
fill  vacancy). 

The  office  of  Supervisor — 6th  Supervisor  district. 

Whereof,  all  the  electors  of  the  county  will  take 
due  notice,  and  govern  themselves  accordingly. 

Witness  my  hand  this  16th  day  of  October,  A.  D. 
1896. 

W.  M.  Law, 

Sheriff  of  Black  Hawk  County , Iowa . 

227.  Publicity  of  Sessions. — Sec.  13.  The  doors 
of  each  house  shall  be  open,  except  on  such  occasions 
as,  in  the  opinion  of  the  house,  may  require  secrecy. 

228.  Adjournment. — Sec.  14.  Neither  house  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which 
they  may  be  sitting. 

229.  Bills— Their  Origin.  — Sec.  15.  Bills  may 
originate  in  either  house,  and  may  be  amended,  altered, 
or  rejected  by  the  other;  and  every  bill  having  passed 
both  houses  shall  be  signed  by  the  speaker  and  president 
of  their  respective  houses. 

Two  of  the  States,  North  Carolina  and  Rhode  Island, 
do  not  require  bills  to  be  signed  by  the  governor.  Many 
other  States,  among  which  is  New  York,  go  to  the 
other  extreme  and  allow  the  governor  to  veto  portions 
of  financial  (appropriation)  bills  while  approving  other 
portions.  (See  Hinsdale’s  “ American  Government,” 
§ 683.)  Very  unwise  measures  are  sometimes 


LEGISLATIVE  DEPARTMENT 


213 


carried  through  a legislature  because  they  are  attached 
to  a good  bill.  Such  measures  are  called  “riders.” 

230.  Their  Passage. — Sec.  16.  Every  bill  which 
shall  have  passed  the  General  Assembly  shall,  before  it 
becomes  a law,  be  presented  to  the  governor.  If  he 
approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it, 
with  his  objections,  to  the  house  in  which  it  originated, 
which  shall  enter  the  same  upon  their  journal,  and  pro- 
ceed to  reconsider  it;  if,  after  such  reconsideration,  it 
again  pass  both  houses,  by  yeas  and  nays,  by  a 
majority  of  two-thirds  of  the  members  of  each  house,  it 
shall  become  a law,  notwithstanding  the  governor’s 
objections.  If  any  bill  shall  not  be  returned  within 
three  days  after  it  shall  have  been  presented  to  him, 
Sunday  excepted,  the  same  shall  be  a law  in  like  manner 
as  if  he  had  signed  it,  unless  the  General  Assembly,  by 
adjournment,  prevent  such  return.  Any  bill  submitted 
to  the  governor  for  his  approval  during  the  last  three 
days  of  a session  of  the  General  Assembly  shall  be 
deposited  by  him  in  the  office  of  the  secretary  of  State, 
within  thirty  days  after  the  adjournment,  with  his 
approval,  if  approved  by  him,  and  with  his  objections, 
if  he  disapproves  thereof. 

Sec.  17.  No  bill  shall  be  passed  unless  by  the 
assent  of  a majority  of  all  the  members  elected  to  each 
branch  of  the  General  Assembly,  and  the  question  upon 
the  final  passage  shall  be  taken  immediately  upon  its  last 
reading,  and  the  yeas  and  nays  entered  upon  the  journal. 

There  are  three  ways  in  which  a bill  may  become  a 
law.  Study  the  sections  above,  and  then  describe  each 
of  these  three  ways.  Notice  that,  by  section  17,  a 
bill  requires  an  absolute  majority  of  each  house;  that 
is,  a majority  of  all  the  members  elected,  not  simply  a 
majority  of  those  present.  Every  bill,  before  it  passes 
each  house,  must  have  three  separate  readings,  the 
second  and  third  of  which  must  be  on  different  days. 
Immediately  after  the  third  reading,  the  bill  is  voted 
upon  by  a yea  and  nay  vote,  which  is  formally  entered 


CIVIL  GOVERNMENT  OF  IOWA 


214 

upon  the  journal  of  the  house.  In  each  house,  there 
are  various  committees  appointed  for  the  considera- 
tion of  the  different  kinds  of  bills.  These  committees 
are  appointed  by  the  speaker  of  the  house  and  by  the 
lieutenant-governor  who  acts  as  president  of  the 
senate. 

23  I . How  Bills  Fail  to  Become  Laws. — When  a 
bill  is  proposed  by  a member,  it  is  referred  to  the 
proper  committee,  which  may  report  to  the  house, 
favoring  its  passage,  amend  it  in  some  particulars 
and  then  recommend  its  passage,  or  reject  it  en- 
tirely. In  the  last  case,  the  bill  is  said  to  be  killed 
in  the  committee,  and  this  is  the  first  way  in  which  a 
bill  may  fail  to  become  a law.  If  the  bill  is  returned 
by  the  committee  with  a favorable  report,  it  may  fail 
to  secure  enough  votes  in  the  house,  and  so  be  killed 
in  the  house  where  it  originated.  This  is  the  second 
way  in  which  a bill  may  fail  to  become  a law.  If  the 
bill  passes  by  a majority  vote  in  the  first  house,  it  may 
be  rejected  in  the  second  house.  This  is  the  third 
way  of  failing  to  become  a law.  Having  passed  both 
houses,  it  may  be  vetoed  by  the  governor,  and  fail  to 
secure  a two-thirds  vote  in  one  or  both  of  the  houses, 
and  so  not  be  passed  over  his  veto.  If  a bill  passes 
both  houses  and  is  presented  to  the  governor  for  con- 
sideration less  than  three  days  before  adjournment,  he 
need  not  return  it  until  after  the  General  Assembly 
has  closed  its  session.  He  is  then  required  to  file  it 
with  his  signature  or  veto  in  the  office  of  the  secretary 
of  State  within  thirty  days;  but  if  he  vetoes  it,  the 
General  Assembly,  having  adjourned,  cannot  pass  it 
over  his  veto,  and  so  the  bill  fails  to  become  a law. 


LEGISLATIVE  DEPARTMENT  215 

This  last  is  similar  to  the  pocket  veto  of  the  President 
of  the  United  States. 

232.  Report  of  Finances. — Sec.  18.  An  accurate 
statement  of  the  receipts  and  expenditures  of  the  public 
money  shall  be  attached  to  and  published  with  the  laws 
at  every  regular  session  of  the  General  Assembly. 

This  is  a requirement  evidently  fitting  and  proper, 
and  the  statement  is  drawn  from  the  books  of  the  State 
auditor  and  treasurer. 


QUESTIONS  AND  TOPICS. 

1.  Look  up  the  history  of  special  sessions  of  the 
General  Assembly  in  Iowa  (50). 

2.  From  what  does  the  pocket  veto  derive  its  name  ? 
See  Johnston's  American  Politics,  p.  115. 

3.  Have  any  of  the  States  ever  had  legislatures 
consisting  of  one  house  ? Piske's  Civil  Government, 
p.  155. 

4.  Was  a uni-cameral  Congress  considered  by  the 
Constitutional  Convention  of  1787?  Hinsdale’s 
American  Government,  § 186. 

5.  May  any  kind  of  bill  originate  in  either  house 
of  Congress  ? 

6.  How  are  committees  selected  in  the  General  As- 
sembly ? See  Rules  of  the  Twenty-sixth  General 
Assembly  of  Iowa,  pp.  3 and  27. 


CHAPTER  XVIII 


legislative  department — ( Continued ) 

233.  Impeachment.  — Sec.  19.  The  House  of 
Representatives  shall  have  the  sole  power  of  impeach- 
ment, and  all  impeachments  shall  be  tried  by  the 
Senate.  When  sitting  for  that  purpose,  the  senators 
shall  be  upon  oath  or  affirmation  ; and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of 
the  members  present. 

The  plan  of  impeachment  is  similar  to  the  same 
process  in  the  government  of  the  United  States.  The 
impeachment  or  indictment  is  by  the  lower  house  and 
the  trial  by  the  upper  house.  Notice  that  the  number 
of  votes  necessary  to  conviction  is  two-thirds  of  those 
present. 

234.  Parties  Liable  — Punishment.  — Sec.  20. 
The  Governor,  Judges  of  the  Supreme  and  District 
Courts,  and  other  State  officers,  shall  be  liable  to 
impeachment  for  any  misdemeanor  or  malfeasance  in 
office  ; but  judgment  in  such  cases  shall  extend  only  to 
removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  trust,  or  profit  under  this  State;  but  the 
party  convicted  or  acquitted  shall  nevertheless  be  liable 
to  indictment,  trial,  and  punishment,  according  to  law. 
All  other  civil  officers  shall  be  tried  for  misdemeanors 
and  malfeasance  in  office  in  such  manner  as  the  General 
Assembly  may  provide. 

Notice  carefully  what  officers  may  be  impeached; 
also  the  limits  set  upon  the  punishment  which  the 
Senate  may  inflict.  The  fact  that  the  party  impeached 
may  afterwards  be  tried  by  the  regular  courts  of  the 
State  seems  to  conflict  with  the  article  in  the  bill  of 


216 


LEGISLATIVE  DEPARTMENT 


217 


rights  (Art.  I.,  Sec.  12),  but  really  the  party  is  im- 
peached and  tried  for  conduct  unworthy  of  a public 
official,  while  in  the  courts  he  is  tried  for  a crime 
against  the  laws  of  the  State.  Touching  the  misde- 
meanors of  county  and  local  officers,  the  General 
Assembly  has  passed  various  laws  providing  for  the 
punishment  of  such  offenses. 

235.  Accepting  Appointments.  — Sec.  21.  No 
senator  or  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any 
civil  office  of  profit  under  this  State  which  shall  have 
been  created,  or  the  emoluments  of  which  shall  have 
been  increased  during  such  term,  except  such  offices  as 
may  be  filled  by  elections  by  the  people. 

If,  during  the  first  month  of  a new  senator’s  term,  a 
bill  is  passed  providing  for  the  appointment  by  the 
governor  of  an  inspector  of  State  institutions  with  a 
large  salary,  the  senator  may  not  resign  his  position 
to  accept  the  appointment  until  after  the  four  years 
of  his  senatorial  term  have  passed.  If  the  salary  of 
the  president  of  the  State  University  were  increased 
during  his  term,  could  the  senator  resign  and  accept 
that  position  ? 

236.  Disqualification. — Sec.  22.  No  person  hold- 
ing any  lucrative  office  under  the  United  States,  or  this 
State,  or  any  other  power,  shall  be  eligible  to  hold  a 
seat  in  the  General  Assembly ; but  offices  in  the  militia, 
to  which  there  is  attached  no  annual  salary,  or  the  office 
of  justice  of  the  peace,  or  postmaster  whose  compensa- 
tion does  not  exceed  one  hundred  dollars  per  annum,  or 
notary  public,  shall  not  be  deemed  lucrative. 

If  the  salary  of  the  superintendent  of  public 
instruction  were  increased  by  the  General  Assembly, 
could  any  member  of  the  assembly  become  State 
superintendent  without  resigning  his  place  in  the 


218  civil  government  OF  IOWA 

legislature  ? Could  he  resign  and  become  State 
superintendent  before  his  term  as  senator  had 
expired  ? If  the  postmaster  at  Des  Moines  desires  to 
become  a member  of  the  General  Assembly,  what 
must  he  do  before  he  can  take  his  seat  in  that  body  ? 

23 7.  Holders  of  Public  Money. — Sec.  23.  No  per- 
son who  may  hereafter  be  a collector  or  holder  of  public 
moneys  shall  have  a seat  in  either  house  of  the 
General  Assembly,  or  be  eligible  to  hold  any  office  of 
trust  or  profit  in  this  State,  until  he  shall  have 
accounted  for  and  paid  into  the  treasury  all  sums  for 
which  he  may  be  liable. 

If  the  treasurer  of  Black  Hawk  county  is  elected  as 
representative  for  that  county  in  the  General  Assem- 
bly, what  three  things  must  he  do  before  he  can  take 
his  seat  in  that  body  ? Why  is  this  requirement  wise  ? 

238.  Payment  of  Public  Money. — Sec.  24.  No 
money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law. 

It  is  also  necessary  to  have  a warrant,  signed  by  the 
auditor  of  State,  authorizing  the  payment  of  money  by 
the  State  treasurer. 

239.  Compensation  of  Members. — Sec.  25.  Each 
member  of  the  first  General  Assembly  under  this  Con- 
stitution shall  receive  three  dollars  per  diem  while  in 
session  ; and  the  further  sum  of  three  dollars  for  every 
twenty  miles  traveled,  in  going  to  and  returning  from 
the  place  where  such  session  is  held,  by  the  nearest 
traveled  route,  after  which  they  shall  receive  such  com- 
pensation as  shall  be  fixed  by  law ; but  no  General 
Assembly  shall  have  the  power  to  increase  the  compen- 
sation of  its  members.  And  when  convened  in  extra 
session  they  shall  receive  the  same  mileage  and  per 
diem  compensation  as  fixed  by  law  for  the  regular  ses- 
sion, and  none  other. 

Notice  the  two  methods  of  paying  members.  The 


LEGISLATIVE  DEPARTMENT 


219 


present  pay  of  members  of  the  General  Assembly  is 
$550  for  the  regular  session,  and  five  cents  for  every 
mile  traveled  going  to  and  from  the  place  of  meeting. 
Half  this  sum  and  all  the  mileage  is  payable  at  the 
close  of  the  first  thirty  days,  and  the  rest  at  the  close 
of  the  session.  The  pay  for  an  extra  session  is  mile- 
age and  a rate  per  diem  equal  to  the  amount  of  their 
salary  per  day  during  the  last  regular  session,  pro- 
vided that  it  is  not  over  six  dollars.  (Code,  § 12.) 
Notice  that,  although  the  General  Assembly  fixes  by  law 
the  compensation  of  representatives  and  senators,  no 
assembly  has  the  power  to  increase  the  pay  of  its  own 
members.  This  is  not  true  of  the  United  States  Con- 
gress, and  at  onetime  (March  3,  1873)  Congress  raised 
the  salaries  of  its  members  from  $5,000  to  $7,500, 
and  dated  the  change  back  two  years.  This  was  the 
famous “ Salary  Grab,”  which  raised  such  a storm  of 
indignation  throughout  the  country  that  the  act  was 
soon  after  repealed.  Public  opinion  prevents  any 
great  excesses  in  this  line  of  legislation. 

240,  When  Laws  Go  Into  Effect. — Sec.  26.  No 
law  of  the  General  Assembly,  passed  at  a regular  ses- 
sion, of  a public  nature,  shall  take  effect  until  the  fourth 
day  of  July  next  after  the  passage  thereof.  Laws  passed 
at  a special  session  shall  take  effect  ninety  days  after 
the  adjournment  of  the  General  Assembly  by  which  they 
were  passed.  If  the  General  Assembly  shall  deem  any 
law  of  immediate  importance,  they  may  provide  that 
the  same  shall  take  effect  by  publication  in  newspapers 
in  the  State. 

241.  Prohibition. — Sec.  27.  No  divorce  shall  be 
granted  by  the  General  Assembly. 

Sec.  28.  No  lottery  shall  be  authorized  by  this 
State;  nor  shall  the  sale  of  lottery  tickets  be  allowed. 


220 


CIVIL  GOVERNMENT  OF  IOWA 


A divorce  is  granted  by  the  courts  of  the  State  if, 
after  investigation,  there  seems  to  be  just  cause  for 
the  divorce.  Lotteries  have  been  proven  such  insidi- 
ous foes  to  the  moral  and  financial  good  of  the  people 
that  every  State  in  the  Union  now  opposes  them,  and 
the  United  States  has  made  it  a criminal  offense  to  use 
the  mails  to  advertise  lotteries  or  sell  lottery  tickets. 
The  long  struggle  on  the  part  of  the  Louisiana  Lot- 
tery to  induce  the  legislature  of  that  State  to  author- 
ize its  continuance  finally  failed,  and  the  lottery  was 
finally  driven  from  its  last  stronghold  in  the  United 
States. 

242.  Subject  Matter. — Sec.  29.  Every  act  shall 
embrace  but  one  subject,  and  matters  properly  con- 
nected therewith;  which  subject  shall  be  expressed  in 
the  title.  But  if  any  subject  shall  be  embraced  in  an 
act  which  shall  not  be  expressed  in  the  title,  such  act 
shall  be  void  only  as  to  so  much  thereof  as  shall  not  be 
expressed  in  the  title. 

This  requirement  aims  at  clearness  and  definiteness 
in  laws,  and  prevents  any  legal  requirement  from  being 
obscured  by  being  inserted  in  the  clauses  of  another 
law. 

243.  Local  and  Special  Laws, — Sec.  30.  The 
General  Assembly  shall  not  pass  local  or  special  laws  in 
the  following  cases: 

For  the  assessment  and  collection  of  taxes  for  State, 
county,  or  road  purposes. 

For  laying  out,  opening,  and  working  roads  or  high- 
ways. 

For  changing  the  names  of  persons, 

For  the  incorporation  of  cities  and  towns. 

For  vacating  roads,  town  plats,  streets,  alleys,  or 
public  squares. 

For  locating  or  changing  county  seats. 

In  all  the  cases  above  enumerated,  and  in  all  other 


LEGISLATIVE  DEPARTMENT 


221 


cases  where  a general  law  can  be  made  applicable,  all 
laws  shall  be  general  and  of  uniform  operation  through- 
out the  State;  and  no  law  changing  the  boundary  lines 
of  any  county  shall  have  effect  until  upon  being  sub- 
mitted to  the  people  of  the  counties  affected  by  the 
change,  at  the  general  election,  it  shall  be  approved  by 
a majority  of  the  votes  in  each  county,  cast  for  and 
against  it. 

Consider  each  of  the  cases  mentioned  above,  and 
notice  how  unwise  it  would  be  to  take  such  matters 
out  of  the  hands  of  the  local  authorities.  Instead  of 
making  special  laws  for  every  local  requirement  under 
the  above  heads,  the  General  Assembly  passes  general 
laws  giving  authority,  with  certain  restrictions,  to  cer- 
tain local  officials,  as  supervisors,  township  trustees, 
or,  in  the  changing  of  county  seats,  to  the  popular 
vote.  Instead  of  giving  special  charters,  prescribing 
the  form  of  government  of  every  city  and  town  sepa- 
rately, general  laws  are  passed,  providing  a form  of 
government  in  cities  of  a certain  class,  as  determined 
by  population  (146). 

244.  Extra  Compensation,  Private  Appropria- 
tions.— Sec.  31.  No  extra  compensation  shall  be  made 
to  any  officer,  public  agent,  or  contractor,  after  the  ser- 
vice shall  have  been  rendered,  or  the  contract  entered 
into;  nor  shall  any  money  be  paid  on  any  claim,  the 
subject  matter  of  which  shall  not  have  been  provided 
for  by  pre-existing  laws,  and  no  public  money  or  prop- 
erty shall  be  appropriated  for  local,  or  private  purposes, 
unless  such  appropriation,  compensation,  or  claim  be 
allowed  by  two-thirds  of  the  members  elected  to  each 
branch  of  the  General  Assembly. 

The  necessity  of  the  first  clause  of  this  section  lies 
in  the  fact  that  extra  compensation  is  sometimes  se- 
cured in  very  corrupt  ways  by  officials  or  contractors  in 
no  manner  entitled  to  it.  A member  of  a city  council 


222 


CIVIL  GOVERNMENT  OF  IOWA 


who  had  been  appointed  overseer  of  certain  work  being 
done  for  the  city,  presented  his  bill  for  services  rend- 
ered. The  council  declined  to  allow  the  bill,  as  his 
services  had  been  performed  as  part  of  official  duties. 
This  is  an  illustration  of  the  same  principle  that  is 
mentioned  in  the  above  section,  occurring  in  a local 
instead  of  a State  legislative  body.  The  second  clause 
in  the  section  is  an  application  of  Art.  III.,  Sec.  24. 

The  meaning  of  the  last  clause  is  illustrated  by  the 
following  incident  in  Iowa  history:  In  Governor 

Sherman’s  last  term,  Auditor  Brown  declined  to  make 
certain  reports  required  of  him,  and  was  removed  by 
Governor  Sherman.  The  investigation  of  the  case 
was  long  and  expensive,  and  after  Mr.  Brown’s  rein- 
statement by  the  next  governor  he  brought  claims 
against  the  State  for  his  expenses  in  the  contest. 
After  a number  of  unsuccessful  attempts,  a bill  was 
carried  through  the  Twenty-sixth  General  Assembly 
by  a two-thirds  vote,  granting  the  claims  made  by  Mr. 
Brown.  As  there  are  several  interesting  and  instruct- 
ive features  in  the  bill,  we  give  it  entire,  as  follows: 

Laws  of  the  Twenty-sixth  General  Assembly. 

Chapter  164. 

An  act  to  reimburse  John  L.  Brown,  as  auditor  of 
State  during  the  years  1885  and  1886,  for  money 
expended  in  defense  of  his  said  office  and  of  his  offi- 
cial rights  and  duties. 

Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Iowa , Section  1.  That  for  the  purpose  of  reim- 
bursing John  L.  Brown  for  money  expended  by  him 
for  attorney’s  services  necessary  in  defending  his  office 


LEGISLATIVE  DEPARTMENT 


223 


and  his  official  rights  as  auditor  of  the  State  of  Iowa 
during  the  years  1885  and  1886,  and  for  interest 
thereon  since  paid  by  him,  there  is  hereby  appropri- 
ated, out  of  any  moneys  in  the  State  treasury  not 
otherwise  appropriated,  the  sum  of  four  thousand 
dollars,  the  money  hereby  appropriated  to  be  paid  to 
John  L.  Brown;  and  the  auditor  of  State  is  hereby 
authorized  and  directed  to  draw  his  warrant  on  the 
State  treasurer  in  favor  of  John  L.  Brown  for  said 
sum. 

Sec.  2.  That  the  acceptance  by  John  L.  Brown  of 
the  sum  appropriated  herein  shall  be  taken  as  full  set- 
tlement of  all  claims  by  said  John  L.  Brown  as  against 
the  State  of  Iowa,  growing  out  of  the  matters  recited 
in  this  act. 

Sec.  3.  This  act,  being  deemed  of  immediate 
importance,  shall  take  effect  and  be  in  force  from  and 
after  the  date  of  its  publication  in  the  Iowa  State 
Register  and  Des  Moines  Leader , newspapers  pub- 
lished in  Des  Moines,  Iowa. 

Approved  April  14,  1896. 

I hereby  certify  that  the  foregoing  act  was 
published  in  the  Iowa  State  Register , April  24,  and 
Des  Moines  Leader , April  25,  1896. 

W.  M.  McFarland,  Secretary  of  State. 

In  this  bill  notice  (1)  the  style  (Art.  III.,  Sec.  1),  (2) 
the  purpose  and  the  amount  of  the  appropriation  (3), 
the  proviso  insuring  against  any  further  claims  on  this 
ground,  and  (4)  the  time  when  the  act  takes  effect. 
When  would  the  act  have  taken  effect  if  the  third  sec- 
tion had  not  been  included  in  the  act  ? (See  Art  III., 
Sec.  26). 


224 


CIVIL  GOVERNMENT  OF  IOWA 


245.  The  Oath  of  Office, — Sec.  32.  Members  of  the 
General  Assembly  shall,  before  they  enter  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation  : “ I do  solemnly  swear,  or 
affirm  (as  the  case  may  be),  that  I will  support  the 
Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  Iowa,  and  that  I will  faithfully  discharge 
the  duties  of  Senator  (or  representative,  as  the  case  may 
be)  according  to  the  best  of  my  ability.”  And  the 
members  of  the  General  Assembly  are  hereby  empowered 
to  administer  to  each  other  the  said  oath  or  affirmation. 

Notice  that  one  is  given  the  choice  between  swear- 
ing and  affirming.  This  is  a concession  to  those  who 
have  conscientious  scruples  against  swearing.  This 
oath  of  allegiance  to  both  United  States  and  Iowa  is 
required  by  the  Federal  Constitution.  Any  one 
who  violates  this  oath  by  engaging  in  insurrection 
against  the  United  States,  or  giving  its  enemies  aid 
and  comfort,  is  disqualified  for  holding  any  civil 
or  military  office  under  the  United  States  or  any  State, 
or  for  becoming  a member  of  Congress.  This  disquali- 
fication can  be  removed  only  by  a two-thirds  vote  of 
Congress.  (Constitution  of  the  United  States,  Amend- 
ment XIV. , Sec.  3). 

246,  The  State  Census. — Sec.  33.  The  General 
Assembly  shall,  in  the  years  one  thousand  eight  hun- 
dred and  fifty-nine,  one  thousand  eight  hundred  and 
sixty-three,  one  thousand  eight  hundred  and  sixty-five, 
one  thousand  eight  hundred  and  sixty-seven,  one  thou- 
sand eight  hundred  and  sixty-nine,  and  one  thousand 
eight  hundred  and  seventy-five,  and  every  ten  years 
thereafter,  cause  an  enumeration  to  be  made  of  all  the 
{white)  inhabitants  of  the  State. 

(Amended  by  striking  out  the  word  “ white”  at  the 
general  election  in  1868). 

This  enumeration  is  called  the  State  census,  and  is 


LEGISLATIVE  DEPARTMENT 


225 


taken  by  the  township  assessors,  reported  to  the  county 
auditor,  and  by  him  reported  to  the  secretary  of  State. 
The  preparation  of  blanks  and  the  general  supervision 
of  the  census  is  in  the  hands  of  the  executive  council  of 
the  State,  comprising  the  governor,  secretary  of  State, 
auditor,  and  treasurer.  (Laws  of  1904,  Ch.  8.)  Until 
1875  the  census  was  taken  more  frequently,  about  once 
in  two  years.  The  United  States  census  is  taken  once 
in  ten  years,  but  it  comes  in  the  years  whose  numerals 
end  with  zero.  In  connection  with  the  census,  many 
items  of  interest  are  usually  reported,  e.g.,  foreigners 
not  naturalized,  number  of  militia,  children  between 
five  and  twenty-one  years  of  age,  quantity  and  value  of 
agricultural  products,  etc. 

247.  Number  and  Apportionment  of  Senators. — 

(Amendment.)  Sec.  34.  The  Senate  shall  be  composed 
of  fifty  members  to  be  elected  from  the  several  sena- 
torial districts,  established  by  law,  and  at  the  next  ses- 
sion of  the  General  Assembly  held  following  the  taking 
of  the  State  and  national  census,  they  shall  be  appor- 
tioned among  the  several  counties  or  districts  of  the 
State,  according  to  population  as  shown  by  the  last  pre- 
ceding census. 

248.  Number  of  Representatives. — (Amendment.) 
Sec.  35.  The  House  of  Representatives  shall  consist 
of  not  more  than  one  hundred  and  eight  members. 
The  ratio  of  representation  shall  be  determined  by 
dividing  the  whole  number  of  the  population  of  the 
State  as  shown  by  the  last  preceding  State  or  national 
census,  by  the  whole  number  of  counties  then  existing 
or  organized,  but  each  county  shall  constitute  one  rep- 
resentative district  and  be  entitled  to  one  representative, 
but  each  county  having  a population  in  excess  of  the 
ratio  number,  as  herein  provided,  of  three-fifths  or  more 
of  such  ratio  number  shall  be  entitled  to  one  additional 


226 


CIVIL  GOVERNMENT  OF  IOWA 


representative,  but  said  addition  shall  extend  only  to 
the  nine  counties  having  the  greatest  population. 

249-  Apportionment  of  Representatives. — 
(Amendment.)  Sec.  36.  The  General  Assembly  shall,  at 
the  first  regular  session  held  following  the  adoption  of 
this  amendment,  and  at  each  succeeding  regular  session 
held  next  after  the  taking  of  such  census,  fix  the  ratio 
of  representation,  and  apportion  the  additional  repre- 
sentatives, as  hereinbefore  required. 

(Secs.  34,  35,  36,  as  printed  above,  constitute  an 
amendment  adopted  at  the  general  election  in  1904. 
The  former  sections  which  these  replaced  are  printed 
below,  in  small  type,  for  reference.  A similar  amend- 
ment was  proposed  six  years  earlier,  but  at  the  general 
election  in  1898  it  was  rejected.) 

The  apportionment  of  1906  (Laws  of  Thirty-First 
General  Assembly,  Chapter  21 1)  gave  two  representa- 
tives each  to  Lee,  Des  Moines,  Pottawatamie,  Polk, 
Scott,  Clinton,  Linn,  Woodbury,  and  Dubuque  counties, 
and  one  each  to  the  other  ninety  counties  of  the  State, 
making  the  total  number  one  hundred  and  eight,  the 
largest  possible  under  Sec.  35.  Under  what  conditions 
might  the  number  be  less  than  one  hundred  and  eight  ? 

The  number  of  counties  in  each  senatorial  district 
varies  from  one  to  five. 

Sections  34,  35,  36,  which  were  repealed  in  1904,  read 
as  follows : — 

Sec.  34.  The  number  of  senators  shall  at  the  next  session 
following  each  period  of  making  such  enumeration,  and  the  next 
session  following  each  United  States  census,  be  fixed  by  law,  and 
apportioned  among  the  several  counties  according  to  the  number  of 
{white)  inhabitants  in  each. 

(Amended  by  striking  out  the  word  “white”  at  the  general 
election  in  1868.) 

Sec.  35.  The  senate  shall  not  consist  of  more  than  fifty  mem- 
bers, nor  the  house  of  representatives  of  more  than  one  hundred; 
and  they  shall  be  apportioned  among  the  several  counties  and  repre- 
sentative districts  of  the  State  according  to  the  number  of  {white) 


LEGISLATIVE  DEPARTMENT 


227 


inhabitants  in  each,  upon  ratios  to  be  fixed  by  law ; but  no  repre- 
sentative district  shall  contain  more  than  four  organized  counties, 
and  each  district  shall  be  entitled  to  at  least  one  representative. 
Every  county  and  district  which  shall  have  a number  of  inhabitants 
equal  to  one-half  of  the  ratio  fixed  by  law,  shall  be  entitled  to  one 
representative ; and  any  one  county  containing  in  addition  to  the 
ratio  fixed  by  law  one-half  of  that  number,  or  more,  shall  be  entitled 
to  one  additional  representative.  No  floating  district  shall  hereafter 
be  formed. 

(Amended  by  striking  out  the  word  “ white  ” at  the  general 
election  in  1868.) 

Sec.  36.  At  its  first  session  under  this  constitution,  and  at  every 
subsequent  regular  session,  the  General  Assembly  shall  fix  the  ratio 
of  representation,  and  also  form  into  representative  districts  tho.se 
counties  which  will  not  be  entitled  singly  to  a representative. 

250.  Floating  Districts. — The  meaning  of  the 
term  “ floating  districts  ” is  best  illustrated  by  a cita- 
tion from  the  political  history  of  Iowa.  In  one  of  the 
acts  of  the  legislature  which  provided  for  representa- 
tive and  senatorial  districts,  it  was  declared  that  the 
county  of  Van  Buren  should  constitute  one  represen- 
tative district,  with  two  representatives ; Henry  county 
another  district,  with  two  representatives ; and  Lee 
a third  district,  with  three  representatives,  and  then 
the  same  act  provided  that  these  three  counties,  Van 
Buren,  Henry,  and  Lee,  should  jointly  constitute  a 
representative  district  and  have  one  representative. 
This  last  district  was  what  was  then  called  “a  floating 
district,”  although,  as  Prof.  T.  S.  Parvin  remarks,  the 
district  was  fixed  enough,  and  it  was  the  representa- 
tive who  was  a “floating  member.”  This  repre- 
sentative was  chosen  sometimes  from  one  county  and 
sometimes  from  another. 

251.  Contiguous  Territory. — Sec.  37.  When  a 
congressional,  senatorial,  or  representative  district  shall 
be  composed  of  two  or  more  counties,  it  shall  not  be 
entirely  separated  by  any  county  belonging  to  another 


228 


CIVIL  GOVERNMENT  OF  IOWA 


district ; and  no  county  shall  be  divided  in  forming  a 
congressional,  senatorial,  or  representative  district. 

252.  Mode  of  Voting  in  Elections  in  the  General 
Assembly. — Sec.  38.  In  all  elections  by  the  General 
Assembly,  the  members  thereof  shall  vote  viva  voce , 
and  the  votes  shall  be  entered  on  the  journal. 

The  General  Assembly  elects  its  own  officers  and 
United  States  senators.  If  there  is  a tie  in  the 
election  of  governor  and  lieutenant  governor,  the 
General  Assembly  in  joint  session  elects  these  officers. 
(Art.  IV.,  Sec.  4.) 


TOPIC  FOR  READING. 

Auditor  Brown  (244)  was  impeached  by  the  House, 
tried  by  the  Senate,  and  acquitted.  A description  of 
the  trial  may  be  found  in  the  Journals  of  the  Assembly. 


CHAPTER  XIX 


ARTICLE  IV. EXECUTIVE  DEPARTMENT 

253.  The  Governor — Election,  Term,  Canvass  of 
Vote. — Section  1.  The  supreme  executive  power  of 
the  State  shall  be  vested  in  a chief  magistrate,  who 
shall  be  styled  the  Governor  of  the  State  of  Iowa. 

Sec.  2.  The  governor  shall  be  elected  by  the  quali- 
fied electors  at  the  time  and  place  of  voting  for  members 
of  the  General  Assembly,  and  shall  hold  his  office  two 
years  from  the  time  of  his  installation,  and  until  his  suc- 
cessor is  elected  and  qualified. 

Sec.  3.  There  shall  be  a lieutenant-governor,  who 
shall  hold  his  office  two  years,  and  be  elected  at  the 
same  time  as  the  governor.  In  voting  for  governor 
and  lieutenant-governor,  the  electors  shall  designate 
for  whom  they  vote  as  governor,  and  for  whom  as 
lieutenant  - governor.  The  returns  of  every  election 
for  governor  and  lieutenant-governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government  of  the 
State,  directed  to  the  speaker  of  the  House  of  Repre- 
sentatives, who  shall  open  and  publish  them  in  the 
presence  of  both  houses  of  the  General  Assembly. 

As  the  General  Assembly  is  not  in  session  when  the 
results  of  the  election  are  canvassed,  the  returns  on 
the  election  of  governor  and  lieutenant-governor  are 
forwarded  to  the  executive  council,  with  the  returns 
for  other  State  officers,  and  retained  by  the  secretary 
of  State  till  the  assembly  meets  and  elects  a speaker, 
when  they  are  turned  over  to  him. 

254.  Vote  Required  to  Elect. — Sec.  4.  The 
persons  respectively  having  the  highest  number  of  votes 
for  governor  and  lieutenant-governor  shall  be  declared 
duly  elected;  but  in  case  two  or  more  persons  shall 

229 


230 


CIVIL  GOVERNMENT  OF  IOWA 


have  an  equal  and  the  highest  number  of  votes  for 
either  office,  the  General  Assembly  shall,  by  joint  vote, 
forthwith  proceed  to  elect  one  of  the  said  persons 
governor,  or  lieutenant-governor,  as  the  case  may  be. 

A majority  of  all  electoral  votes  is  necessary 
to  elect  a president;  a plurality  vote  by  the  people 
will  elect  the  governor.  A plurality  vote  means 
the  largest  number  given  to  any  one  candidate.  A 
majority  of  votes  is  more  than  half  of  all  the  votes 
cast.  When  a person  has  a majority  of  votes,  he 
has  more  than  all  the  other  candidates  together. 

255.  Contested  Elections  and  Eligibility. — Sec. 
5.  Contested  elections  for  governor,  or  lieutenant-gov- 
ernor, shall  be  determined  by  the  General  Assembly  in 
such  manner  as  may  be  prescribed  by  law.  Code  § 1239. 

Sec.  6.  No  person  shall  be  eligible  to  the  office  of 
governor  or  lieutenant-governor  who  shall  not  have 
been  a citizen  of  the  United  States,  and  a resident  of 
the  State,  two  years  next  preceding  the  election,  and 
attained  the  age  of  thirty  years  at  the  time  of  said  elec- 
tion. 

256.  Command  of  Militia. — Sec.  V.  The  governor 
shall  be  commander-in-chief  of  the  militia,  the  army, 
and  navy  of  this  State. 

When  Kelley’s  army  was  passing  through  Iowa  on 
its  way  to  Washington,  Governor  Jackson  called  out 
a portion  of  the  organized  militia  and  kept  them  near 
the  scene  of  excitement  to  be  ready  for  an  emergency. 
The  governor  has  frequently  called  out  the  militia  in 
cases  of  violent  strikes  among  the  coal  miners. 

257.  Duties  of  Governor. — Sec.  8.  He  shall  trans- 
act all  executive  business  with  the  officers  of  govern- 
ment, civil  and  military,  and  may  require  information 
in  writing  from  the  officers  of  the  executive  department 
upon  any  subject  relating  to  the  duties  of  their  respec- 
tive offices. 


EXECUTIVE  DEPARTMENT 


231 


Sec.  9.  He  shall  take  care  that  the  laws  are  faith- 
fully executed. 

Sec.  10.  When  any  office  shall,  from  any  cause, 
become  vacant,  and  no  mode  is  provided  by  the  Consti- 
tution and  laws  for  filling  such  vacancy,  the  governor 
shall  have  power  to  fill  such  vacancy  by  granting  a 
commission,  which  shall  expire  at  the  end  of  the  next 
session  of  the  General  Assembly,  or  at  the  next  election 
by  the  people. 

This  does  not  apply  to  members  of  the  General 
Assembly.  They  are  not  officers  in  the  constitutional 
use  of  the  word.  In  1894  Governor  Boies  filled  a 
vacancy  on  the  board  of  directors  of  the  Iowa  State 
Normal  School  caused  by  the  resignation  of  one  of  its 
members. 

Sec.  11.  He  may,  on  extraordinary  occasions,  con- 
vene the  General  Assembly,  by  proclamation,  and  shall 
state  to  both  houses,  when  assembled,  the  purpose  for 
which  they  shall  have  been  convened. 

An  extra  session  of  the  General  Assembly  was  called 
for  the  winter  1896-1897  to  act  on  the  revision  of  the 
State  Code.  At  such  extra  sessions,  the  business  of 
the  assembly  is  not  confined  to  the  purpose  for  which 
they  are  called  together.  For  an  account  of  extra 
sessions  read  notes  on  §§  24  and  50. 

Sec.  12.  He  shall  communicate,  by  message,  to  the 
General  Assembly,  at  every  regular  session,  the  con- 
dition of  the  State,  and  recommend  such  matters  as  he 
shall  deem  expedient. 

Sec.  13.  In  case  of  disagreement  between  the  two 
houses  with  respect  to  the  time  of  adjournment,  the 
governor  shall  have  power  to  adjourn  the  General 
Assembly  to  such  time  as  he  may  think  proper;  but  no 
such  adjournment  shall  be  beyond  the  time  fixed  for  the 
regular  meeting  of  the  next  General  Assembly. 

Sec.  14.  No  person  shall,  while  holding  any  office 
under  the  authority  of  the  United  States,  or  this  State, 


232 


CIVIL  GOVERNMENT  OF  IOWA 


execute  the  office  of  governor,  or  lieutenant-governor, 
except  as  hereinafter  expressly  provided. 

Sec.  15.  The  official  term  of  the  governor,  and 
lieutenant  governor,  shall  commence  on  the  second 
Monday  of  January  next  after  their  election,  and  con- 
tinue for  two  years,  and  until  their  successors  are  elected 
and  qualified.  The  lieutenant-governor,  while  acting 
as  governor,  shall  receive  the  same  pay  as  provided  for 
governor;  and  while  presiding  in  the  Senate,  shall 
receive  as  compensation  therefor  the  same  mileage  and 
double  the  per  diem  pay  provided  for  a senator,  and 
none  other. 

Sec.  16.  The  governor  shall  have  power  to  grant 
reprieves,  commutations,  and  pardons,  after  conviction, 
for  all  offenses  except  treason  and  cases  of  impeach- 
ment, subject  to  such  regulations  as  may  be  provided 
by  law.  Upon  conviction  for  treason,  he  shall  have 
power  to  suspend  the  execution  of  the  sentence  until  the 
case  shall  be  reported  to  the  General  Assembly  at  its 
next  meeting,  when  the  General  Assembly  shall  either 
grant  a pardon,  commute  the  sentence,  direct  the  ex- 
ecution of  the  sentence,  or  grant  a further  reprieve.  He 
shall  have  power  to  remit  fines  and  forfeitures,  under 
such  regulations  as  may  be  prescribed  by  law;  and  shall 
report  to  the  General  Assembly,  at  its  next  meeting, 
each  case  of  reprieve,  commutation  or  pardon  granted, 
and  the  reason  therefor;  and  also  all  persons  in  whose 
favor  remission  of  fines  and  forfeitures  shall  have  been 
made,  and  the  several  amounts  remitted. 

Reprieves  postpone  punishment.  Commutations 
lighten  punishment.  Pardons  remove  punishment. 
Notice  that  the  pardoning  power  of  the  governor 
does  not  extend  to  cases  of  impeachment  or  treason. 
The  President’s  pardoning  power  is  restricted  only  in 
respect  to  cases  of  impeachment.  By  statute  (Code, 
§ 5626),  the  governor  is  required  to  consult  the 
assembly  before  pardoning  a case  of  murder  in  the 
first  degree. 


EXECUTIVE  DEPARTMENT 


233 


258.  Succession  of  the  Executive,  Etc, — Sec.  17. 
In  case  of  the  death,  impeachment,  resignation,  removal 
from  office,  or  other  disability  of  the  governor,  the 
powers  and  duties  of  the  office  for  the  residue  of  the 
term,  or  until  he  shall  be  acquitted,  or  the  disability 
removed,  shall  devolve  on  the  lieutenant-governor. 

Sec.  18.  The  lieutenant-governor  shall  be  the 
president  of  the  Senate,  but  shall  only  vote  when  the 
Senate  is  equally  divided  ; and  in  case  of  his  absence  or 
impeachment,  or  when  he  shall  exercise  the  office  of 
governor,  the  Senate  shall  chose  a president  pro 
tempore. 

Sec.  19.  If  the  lieutenant-governor,  while  acting  as 
governor,  shall  be  impeached,  displaced,  resign  or  die, 
or  otherwise  become  incapable  of  performing  the  duties 
of  the  office,  ,the  president  pro  tempore  of  the  Senate 
shall  act  as  governor  until  the  vacancy  is  filled,  or  the 
disability  removed;  and  if  the  president  of  the  Senate, 
for  any  of  the  above  causes,  shall  be  rendered  incapable 
of  performing  the  duties  pertaining  to  the  office  of 
governor,  the  same  shall  devolve  upon  the  Speaker  of 
the  House  of  Representatives. 

Notice  that  the  succession  to  the  governor’s  office 
is  similar  to  the  old  succession  to  the  presidency. 

259.  The  Great  Seal. — Sec.  20.  There  shall  be  a 
seal  (61)  of  this  State,  which  shall  be  kept  by  the  Gov- 
ernor and  used  by  him  officially,  and  shall  be  called  the 
Great  Seal  of  the  State  of  Iowa. 

Sec.  21.  All  grants  and  commissions  shall  be  in  the 
name  and  by  the  authority  of  the  people  of  the  State  of 
Iowa,  sealed  with  the  Great  Seal  of  the  State,  signed  by 
the  governor  and  countersigned  by  the  secretary  of 
State. 

260.  Executive  Council. — Sec.  22.  A secretary 
of  State,  auditor  of  State,  and  treasurer  of  State  shall 
be  elected  by  the  qualified  electors,  who  shall  continue 
in  office  two  years,  and  until  their  successors  are  elected 
and  qualified,  and  perform  such  duties  as  may  be  re- 
quired by  law. 

The  governor,  secretary  of  State,  treasurer,  and 


234 


CIVIL  GOVERNMENT  OF  IOWA 


auditor  constitute  the  Executive  Council.  Any  three  of 
this  council  constitute  a quorum.  Each  draws  a salary  of 
$800  a year  in  addition  to  his  regular  salary.  The  council 
chooses  a secretary  who  holds  office  during  its  pleasure. 
Some  of  the  duties  of  the  executive  council  are : 

(1)  To  act  as  a board  of  equalization  of  taxes  between 
counties,  so  that  all  counties  may  bear  a fair  share  of 
the  State  expenses. 

(2)  To  assess  the  property  of  railroad,  telegraph,  tele- 
phone, and  express  companies  in  the  State. 

(3)  To  act  as  a board  for  canvassing  election  returns 
from  counties. 

(4)  To  act  as  a business  board  having  charge  of  the 
State  Capitol,  and  providing  for  the  stationery  and 
supplies  for  the  State  offices.  In  this  capacity  they 
have  charge  of  an  emergency  fund,  which  they  may 
use  at  their  discretion  to  meet  unforeseen  expenses. 

(5)  To  have  charge  of  the  State  census. 

261.  The  Secretary  of  State. — This  officer  has 
charge  of  the  great  papers  of  the  State,  including 
all  the  acts  of  the  territorial  legislature,  the  several 
constitutions  of  the  State,  and  all  the  laws  and  reso- 
lutions passed  by  the  successive  State  legislatures. 
All  the  governor’s  proclamations  and  commissions  of 
State  officers  are  countersigned  by  him,  and  recorded 
in  a book  provided  for  that  purpose.  Articles  of 
incorporation  of  both  domestic  and  foreign  corpo- 
rations are  recorded  by  him,  and  he  issues  certificates 
of  authority  to  do  business  in  Iowa.  He  receives 
reports  from  county  clerks  concerning  the  criminal 
cases  in  the  various  district  courts,  and  makes  an 
abstract  of  the  same  to  the  governor  just  before  each 


EXECUTIVE  DEPARTMENT 


235 


regular  session  of  the  General  Assembly.  These 
abstracts  are  useful  to  the  governor  in  connection 
with  his  message  to  the  assembly.  (Art.  IV.,  Sec.  12). 
It  is  the  duty  also  of  the  secretary  of  State  to  receive 
and  preserve  all  papers  sent  to  him  relating  to  the 
incorporation  of  cities  and  towns. 

262.  The  Auditor  of  State. — He  is  the  general 
accountant  of  the  State,  and  his  books  must  show  all 
the  receipts  and  expenses,  all  the  debts  and  credits  of 
the  State.  He  settles  with  county  treasurers  and  all 
persons  who  receive  State  revenues  of  any  kind,  and 
all  who  owe  money  to  the  State  treasury.  On  the 
other  hand,  he  settles  claims  against  the  State,  and 
gives  a warrant  over  his  own  signature  authorizing  the 
payment  of  each  claim  by  the  State  treasurer.  If  he 
finds  a claim  to  be  just  and  right,  but  not  provided  for 
by  any  appropriation,  he  gives  the  claimant  a certifi- 
cate that  his  claim  is  legal,  and  this  is  the  basis  for  an 
appropriation  by  the  next  assembly.  He  is  the  general 
business  manager  of  State  affairs,  and  has  charge  of 
all  books,  papers,  mortgages,  leases,  bonds,  etc. , con- 
nected with  the  money  affairs  of  the  State  not  required 
to  be  kept  in  some  other  office.  On  the  first  Monday 
in  March  and  September,  he  apportions  the  interest  of 
the  permanent  school  fund  of  the  State  among  the 
several  counties  in  proportion  to  the  number  of  per- 
sons between  five  and  twenty-one  years  of  age,  in 
each  county. 

263.  The  Treasurer  of  State. — This  officer  has 
charge  of  the  State  funds.  With  the  advice  and  ap- 
proval of  the  executive  council,  he  designates  one  or 
more  banks  in  the  city  of  Des  Moines  as  a depository  of 


236 


CIVIL  GOVERNMENT  OF  IOWA 


all  receipts  of  the  State,  and  these  banks  give  bonds  for 
the  faithful  care  of  the  funds  and  for  the  payment 
of  all  drafts  made  by  the  treasurer.  The  treasurer 
makes  two  receipts  for  all  payments  made  to  the 
treasury,  one  of  which  goes  to  the  party  making  the 
payment,  and  the  other  to  the  auditor  as  a basis  for 
entries  in  the  auditor’s  report  of  receipts  and  expendi- 
tures. He  pays  no  money  out  of  the  treasury  except 
on  the  order  or  warrant  of  the  auditor  as  stated  above. 
Like  all  other  State  officers,  he  makes  an  annual  report 
to  the  governor. 

264.  The  Attorney-General. — This  officer  is  the 
legal  adviser  of  the  State  officers,  and  acts  as  prose- 
cuting attorney  for  the  State  in  all  criminal  and  civil 
actions  in  which  the  State  is  a party,  and  his  services 
are  required  by  the  governor,  executive  council,  or 
General  Assembly.  He  acts  for  the  State  in  all  cases 
in  the  Supreme  Court. 

During  the  first  few  years  of  the  State  government,  there  was  no 
regular  officer  that  represented  the  State  of  Iowa  in  cases  before  the 
supreme  and  United  States  courts,  an  attorney  being  employed  from 
time  to  time  as  the  necessities  required.  However,  January  9,  1853, 
the  General  Assembly  passed  a law  that  provided  for  the  election  of 
such  an  officer  by  the  vote  of  the  people,  and  when  the  constitution 
of  1857  was  drafted,  this  officer  was  duly  recognized  as  a State  officer, 
whose  term  of  office  was  to  last  for  two  years.  (Art.  V.,  § 12.)  His 
duties  were  subject  to  the  laws  that  might  be  enacted  by  the  General 
Assembly. 

265-  Railroad  Commissioners. — The  railroad  com- 
missioners are  three  in  number  and  are  elected  by  the 
people  for  terms  of  four  years  each.  One  or  two  com- 
missioners are  elected  at  each  general  election.  This 
board  has  the  supervision  of  the  steam  railroads  of  the 
State,  and  insures  the  proper  service  of  the  public  in 


EXECUTIVE  DEPARTMENT 


237 


regard  to  safety  of  bridges,  number  of  trains,  stations, 
regulation  of  passenger  and  freight  rates,  and  various 
other  matters  of  importance.  It  makes  an  annual  re- 
port to  the  governor.  In  accordance  with  a law  passed 
by  the  Twenty-sixth  General  Assembly,  the  railroad 
commissioners  have  also  the  supervision  of  express 
companies  in  the  State. 

266.  The  Superintendent  of  Public  Instruction. 
— This  officer  is  elected  by  the  people  of  the  State  once  in 
two  years.  He  is  allowed  a deputy  and  such  other 
clerical  help  as  the  General  Assembly  sees  fit  to  pro- 
vide. He  has  general  supervision  of  the  schools  of  the 
State.  Many  circulars  of  suggestion  and  information 
are  prepared  by  him  and  sent  to  the  teachers  of  the 
State.  He  holds  conventions  of  the  county  superin- 
tendents for  the  discussion  of  educational  questions,  and 
in  many  ways  aids  and  encourages  the  teachers  of  the 
State.  Cases  of  appeal  from  the  county  superintend- 
ents are  decided  by  the  State  superintendent,  and  he 
gives  official  opinions  on  questions  of  school  law  to 
county  superintendents,  school  boards,  and  other  offi- 
cials. 

By  virtue  of  his  office  he  is  president  of  the  board 
of  trustees  of  the  State  Normal  School,  and  of  the 
educational  board  of  examiners,  and  a member  of  the 
board  of  regents  of  the  State  University.  He  makes 
a report  of  the  condition  of  the  schools  of  the  State 
every  two  years,  and  every  four  years  publishes  the 
school  laws  of  the  State  with  notes  and  pertinent  quo- 
tations from  important  decisions  on  school  questions. 
During  the  session  of  the  General  Assembly  he  gives 
advice  on  educational  matters  and  urges  suitable  legis- 


238 


CIVIL  GOVERNMENT  OF  IOWA 


lation  on  questions  touching  the  State  Schools  and  the 
common  schools  of  Iowa. 


STATE  OFFICERS  ELECTED  BY  THE  PEOPLE. 


Officer. 

Term. 

Salary. 

When  Elected. 

Governor 

2 years 

$5000* 

General  Election. 

Secretary  of  State 

$2200* 

Treasurer 

“ 

$2200* 

Auditor 

“ 

$2200* 

Lieutenant-Governor 

“ 

$1100  session 

Attorney-General 

“ 

$4000 

Supt.  Pub.  Instruction 

“ 

$2200 

3 Railroad  Commissioners  

4 years 

$2200 

Supreme  Court  Reporter 

Clerk  of  Supreme  Court 

$2200 

Most  Prominent  Iowa  Officers 

1.  Governors  of  Iowa : 

(1) .  Territory  of  Iowa,  1838-1846. 

Robert  Lucas 1838-1841. 

John  Chambers 1841-1845. 

James  Clark 1845-1846. 

(2) .  State  of  Iowa.  Length  of  term,  four  years. 

(a)  First  constitution,  1846-1857  : 

Ansel  Briggs 1846  to  1850. 

Stephen  Hempstead 1850  to  1854. 

James  W.  Grimes 1854  to  1858. 

(b)  Second  constitution,  1857.  Length  of  term,  two  years. 

Ralph  P.  Lowe 1858  to  1860. 

Samuel  J.  Kirkwood 1860  to  1864. 

Wm.  M.  Stone 1864  to  1868. 

Samuel  Merrill 1868  to  1872. 

Cyrus  C.  Carpenter 1872  to  1876. 

Samuel  J.  Kirkwood Jan.  13  to  Feb.  1,  1877. 

f Joshua  G.  Newbold Feb.  1,  1877  to  Jan.  17,  1878. 

John  H.  Gear 1878  to  1882. 


* Besides  $800  as  member  of  Executive  Council. 

-(•Became  governor  upon  the  resignation  of  Governor  Kirkwood. 


SUBORDINATE  STATE  OFFICERS  SELECTED  BY  APPOINTMENT. 


EXECUTIVE  DEPARTMENT 


239 


• SH 

<X»  " 

S's  _ 

« 0 ® 

.5 

43  a a o * 
S3^>.£|  i 
cS'Ssw' 


I 

'd 

-<1 


»o  ~ 

O*  H .£> 

« a 

03  © 


© >-> 


CROS  y OS  t 


« a tp 


03 

eS 

ft 


3 O 
cog 


2 a § £ 

0^.2  c3 

ft 

03  JO'  5 

3 *2 
O ft 


«*  > 
r2  a 

ftft 

03  2 

© g 


gUI 
60  8*% 
'd  2*  © 

§°o 


« 

o a © a 


*©  oo'.a 
"53  ^ ^ 


“ 5 a< 

*5  (d-i 

f3  ^ -<3  s4 


a .3  a 

aS  a 


•c 

© 

i j?  •t? 

st> 

a <x>  W © 
‘43  a & a 

§ a 5 a 

a ei 
lx  * x 

Ift  ft  ft 


05  ft 

a 

o '■d 
'42  a 
S3  03 


(— i w *+  n , 

« « 

© oa  re  ^ 

Sli^gS 
“311 It 

® - o 
« a £ 
o ^ o t, 

00  Oft 


CO  d CO  to  t 


a > . . 

2 c » ® 

Jft 

ft  00  -t* 


£ fc 


to- 


es 'O 
& 


1 O * ® g ,~pO 
s ’33  i 2-o^-h 

;©!»a3''aa4t>'o 

isia^-g^.a 

!=  ag-« 
O 5 <»{/}£ 


^ r- 
111  •= 
rt! 

.2^0 

t*  o . 

© -M  rH 

-tj  © a 

©do 


a -5 
£ a 
a ® 
x W 

ft  Vh 

^ o 

C5  rp 

a 3 
© o 

ft  ft 


I b 
ft  .2  2 

£ © Q 

1 «”rK 

ft  «o 

t_  e_  .2  -£ 

© °s§ 

t3  t3  5 -2 

£ sh  x a 

cs  a m ^-5 
o o " 'd 

M M <1 


o 5 
ofl 
'gl 
a 9 

o.2 
©1 
^ 'O 

02  ft 


© © 

© © 

a .2 

«ft 

© © 
ts  3 

aQaQ 


By  Board  of  Trustees  ; see  § 97.  f Besides  ex-afficiis  members. 


240 


CIVIL  GOVERNMENT  OF  IOWA 


Buren  R.  Sherman  ....... 

William  Larrabee 

Horace  Boies  

Frank  D.  Jackson 

Francis  M.  Drake 

Leslie  M.  Shaw 

Albert  B.  Cummins 

2.  United  States  Senators: 
George  W.  Jones,  from 
Augustus  C.  Dodge,  from  . . 

James  Harlan,  from 

James  W.  Grimes,  from 
Samuel  J.  Kirkwood,  from  . . 

James  Harlan,  from 

James  B.  Howell,  from 
George  G.  Wright,  from  . . . 
William  B.  Allison,  from  . . . 
Samuel  J.  Kirkwood,  from  . . 
James  W.  McDill,  from 
James  F.  Wilson,  from 

John  H.  Gear,  from 

Jonathan  P.  Dolliver,  from  . 


1882  to  1886. 
1886  to  1890. 
1890  to  1894. 
1894  to  1896. 
1896  to  1898. 
1898  to  1902. 
1902  to 


1848  to  1859. 
1848  to  1855. 
1855  to  1865. 
1859  to  1869. 
1865  to  1867. 
1867  to  1873. 

1870  to  1871. 

1871  to  1877. 
1873  to 
1877  to  1881. 
1881  to  1883. 
1883  to  1895. 


To  fill  vacancy. 
To  fill  vacancy. 

To  fill  vacancy. 


1895  to  1900.  Died  July  14, 1900. 
1900  to 


267-  Outline.  — Executive  power. 

Vested  in,  Art.  IV.,  Sec.  I, 

Title, 

Election,  Sec.  2. 

By  whom  ; 

When, 

Year, 

Month, 

Day; 

For  how  long, 

Contingency ; 

Record,  Sec.  3. 

How  treated, 

To  whom  sent, 

How  opened, 

How  published ; 


EXECUTIVE  DEPARTMENT 


241 


Votes  necessary  to  election,  Sec.  4. 

Case  of  tie, 

How  settled, 

Kind  of  vote,  Art  III,  Sec.  38; 

Contested  election, 

How  settled,  Art.  IV.,  Sec.  5; 

Eligibility, 

Citizenship, 

Residence, 

Age, 

Sex; 

Disqualifications, 

Art.  I.,  Sec.  5, 

Art.  II.,  Sec.  5, 

Art.  IV.,  Sec.  14, 

Constitution  of  the  United  States,  Amendment  XIV., 
Sec.  3; 

Term, 

Begins,  Sec.  15, 

Ends, 

Contingency; 

Substitute,  Sec.  17, 

Title, 

When  does  he  act  t 
Four  cases, 

Usual  function,  Sec.  18. 

Voting  power, 

Who  presides  in  his  absence  ? 

Succession  to  the  Governor’s  office,  Sec.  19; 

Custody  and  use  of  the  Seal  of  the  State  of  Iowa,  Sec.  20; 
Grants  and  commissions,  Sec.  21, 

In  whose  name, 

How  stamped, 

How  signed; 

Functions, 

Military,  Sec.  7, 

Administrative,  Sec.  8, 

Executive,  Sec.  9, 

Appointive,  Sec  10, 

Term  of  such  appointments, 

Appointing  power  by  statute  (see  table); 


CIVIL  GOVERNMENT  OF  IOWA 


242 

Extra  sessions  of  General  Assembly,  Sec.  11, 
Statement  to  General  Assembly, 

What  business  may  be  performed  at  extra 
session  ? 

Advisory  power,  Sec.  12; 

Touching  adjournment,  Sec.  13, 

Restriction; 

Pardoning,  etc.,  Sec.  16, 

Restrictions, 

Constitutional, 

Statutory  provision,  Notes, 

Touching  treason, 

Touching  murder,  Code,  § 5626, 
Remission  of  fines, 

Report  to  assembly; 

Salary, 

Supplementary  executive  officers,  Sec.  22, 

Titles, 

Mode  of  election, 

Term  of  service. 


Note. — Although  the  lieutenant-governor  has  the  right  to  vote  in 
case  of  a tie,  he  very  seldom  exercises  the  right,  and  the  privilege 
does  not  extend  to  cases  where  a constitutional  majority  (Cons.  Art. 
III.,  Sec.  17)  is  required,  as  in  the  final  passsage  of  a bill. 


CHAPTER  XX 


ARTICLE  V. JUDICIAL  DEPARTMENT 

268,  General  Provision. — Section  1.  The  Judicial 
power  shall  be  vested  in  a Supreme  Court,  District 
Court,  and  such  other  courts,  inferior  to  the  Supreme 
Court,  as  the  General  Assembly  may  from  time  to 
time  establish. 

The  General  Assembly  has  acted  on  the  authority 
here  granted,  and  has  established  various  inferior 
courts,  some  of  which  have  since  been  abolished. 
A description  of  the  circuit  court,  which  for  a time 
shared  in  the  work  of  the  district  court,  will  be  given 
later  (273). 

The  outline  as  shown  on  page  244  shows  the  court 
system  of  Iowa  as  it  is  to-day  : 

269.  The  Supreme  Court. — Sec  2.  The  Supreme 
Court  shall  consist  of  three  Judges,  two  of  whom  shall 
constitute  a quorum  to  hold  court. 

Sec.  3.  The  Judges  of  the  Supreme  Court  shall  be 
elected  by  the  qualified  electors  of  the  State,  and  shall 
hold  their  court  at  such  time  and  place  as  the  General 
Assembly  may  prescribe.  The  Judges  of  the  Supreme 
Court  so  elected  shall  be  classified  so  that  one  Judge 
shall  go  out  of  office  every  two  years;  and  the  Judge 
holding  the  shortest  term  of  office  under  such  classifica- 
tion shall  be  Chief  Justice  of  the  court,  during  his 
term,  and  so  on  in  rotation.  After  the  expiration  of 
their  terms  of  office,  under  such  classification,  the  term 
of  each  Judge  of  the  Supreme  Court  shall  be  six  years, 
and  until  his  successor  shall  have  been  elected  and 
qualified.  The  Judges  of  the  Supreme  Court  shall  be 
ineligible  to  any  other  office  in  the  State  during  the 
term  for  which  they  have  been  elected. 

243 


OUTLINE  OF  SYSTEM  OF  COURTS  IN  IOWA. 


244 


CIVIL  GOVERNMENT  OF  IOWA 


.5  <D  -g 

cS  « £ 
•—>  S3  O 
fflOO 


5 ^ . fc, 

^ ? o©  © 

£ -S  sjj® 

O 03  ^ c 

H 02  © © 

I i ^1 

° 0 ■Sog 

i§  o.S$-n 
fS|l  g 
_5"6fc"H 


s a 

££ 

. © Pq 


As 


t . > 
hco  o 

22^ 
S > v 

<«  ® a 
© 0 
“2o 
o C.2 

.2^  a 


.2  e 

1 1 

fl  k M 

•H  5 ® 

. w cc 

^ ■r*1  Oj 

1 ©Ji? 

© § g 

2 «.s 


© > 

O * 

® OJ  -r 

r*  bp* 

cS 

. 2 © 
cS  '“*  >> 
U O _ 
© > © 


O S 


•aoTAaag 
ijo  ivaax 


•AHViyg 


•sasYO 

omaioact 

aoa 

Knaon^ 


•saoanf 
ao  ’ojsj; 


Si 


+ ^ 


* Allowed  in  cities  of  4,000  inhabitants  or  over. 


JUDICIAL  DEPARTMENT 


245 


Sec.  4.  The  Supreme  Court  shall  have  appellate  juris- 
diction only  in  cases  in  chancery,  and  shall  constitute  a 
court  for  the  correction  of  errors  at  law,  under  such 
restrictions  as  the  General  Assembly  may,  by  law, 
prescribe;  and  shall  have  power  to  issue  all  writs  and 
processes  necessary  to  secure  justice  to  parties,  and  exer- 
cise a supervisory  control  over  all  inferior  judicial 
tribunals  throughout  the  State. 

Section  10  allows  the  General  Assembly  to  change 
the  number  of  judges  in  the  supreme  and  district 
courts,  and  changes  have  been  made  at  various  times. 
At  present  there  are  six  judges  in  the  supreme  court, 
two  of  whom  go  out  of  office  every  two  years. 

Notice  that  a judge  of  the  supreme  court  may  not 
resign  his  place  on  the  bench  to  accept  any  other  office 
in  the  State  of  Iowa. 

Cases  in  chancery  are  cases  where  the  strict  appli- 
cation of  the  law  would  not  work  justice.  Such  cases 
are  also  called  cases  in  equity.  They  are  apt  to  arise 
in  connection  with  partnerships,  and  in  connection 
with  contracts  where  a claim  is  made  that  an  under- 
standing exists  between  the  parties  not  strictly  in 
accordance  with  the  wording  of  the  contract.  Errors 
at  law  are  erroneous  decisions  by  the  judge  of  the 
lower  court  on  the  meaning  or  application  of  the  law 
touching  the  case.  In  cases  of  appeal,  the  supreme 
court  does  not  retry  a law-case,  but  reviews  the 
decisions  of  the  lower  courts,  and,  if  wrong  decisions 
have  been  made,  they  are  revised  or  modified  and  a 
new  trial  is  required  in  the  district  court. 

270.  Writs  and  Processes. — Writs  of  mandamus 
are  orders  issued  by  a superior  court  commanding  an 
officer  to  perform  his  duty  in  some  particular.  A 


246 


CIVIL  GOVERNMENT  OF  IOWA 


refusal  to  obey  such  a writ  is  an  offense  called  con- 
tempt of  court,  and  is  punished  by  fine  and  even  by 
imprisonment.  Not  very  long  ago  a titled  and  wealthy 
lady  in  England  destroyed  certain  papers  belonging  to 
the  evidence  before  the  court  in  a case  in  which  she 
was  interested.  The  court  declared  her  to  be  guilty 
of  contempt,  and  sentenced  her  to  six  weeks  imprison- 
ment in  Holloway  Street  Jail.  Even  an  appeal  to  the 
Home  Secretary  could  not  save  this  lady  of  rank  from 
serving  her  sentence.  The  dignity  and  authority  of 
the  court  must  be  preserved. 

Writs  of  injunction  are  orders  issued  by  a court 
requiring  parties  to  do  or  refrain  from  doing  certain 
acts,  either  private  or  official.  A writ  of  injunction  is 
more  generally  used  as  a preventive  than  as  a 
restorative  process,  although  by  no  means  confined  to 
the  former.  Writs  of  mandamus  and  injunction  may 
be  and  frequently  are  issued  by  lower  courts,  as  the 
district  court. 

271,  The  District  Court. — Sec.  5.  The  District 
Court  shall  consist  of  a single  Judge,  who  shall  be 
elected  by  the  qualified  electors  of  the  District  in  which 
he  resides.  The  Judge  of  the  District  Court  shall  hold 
his  office  for  the  term  of  four  years,  and  until  his  suc- 
cessor shall  have  been  elected  and  qualified;  and  shall 
be  ineligible  to  any  other  office,  except  that  of  Judge  of 
the  Supreme  Court,  during  the  term  for  which  he  was 
elected. 

Notice  that  the  district  judge  may  resign  to  accept 
the  office  of  supreme  judge. 

Sec.  6.  The  District  Court  shall  be  a court  of  law 
and  equity,  which  shall  be  distinct  and  separate  juris- 
dictions, and  have  jurisdiction  in  civil  and  criminal 
matters  arising  in  their  respective  districts,  in  such 
manner  as  shall  be  prescribed  by  law. 


JUDICIAL  DEPARTMENT 


247 


Equity  is  natural  justice  as  distinguished  from  legal 
justice.  Equitable  jurisprudence  in  England  and  the 
United  States  grew  up  from  the  inadequacy  of  common 
law  forms  to  secure  justice  in  all  cases.  Equity  cases 
are  also  called  cases  in  chancery.  Formerly  equity 
cases  and  law  cases  were  tried  in  different  courts,  and 
today  the  Court  of  Chancery  in  England  sits  at  Lon- 
don, while  the  judges  of  the  law  courts  go  in  circuit 
to  the  different  counties.  Cases  in  law  and  cases  in 
equity  are  now  commonly  tried  in  the  same  court, 
acting  in  different  capacities.  This  is  the  case  in  the 
district  courts  of  Iowa,  which  sometimes  sit  as  law 
courts  and  sometimes  as  equity  courts.  A lawyer  was 
defending  his  client  in  a court  of  law  in  this  State,  and 
claimed  that  there  was  a distinct  understanding 
between  his  client  and  the  other  party  to  the  contract, 
putting  a peculiar  and  uncommon  construction  on 
certain  phrases  in  that  contract.  The  judge  reminded 
the  lawyer  that  if  he  wished  to  introduce  evidence  of 
intentions  at  variance  with  the  letter  of  contract,  he 
must  bring  the  case  before  a court  of  equity,  and  that 
the  court  was  at  present  sitting  as  a court  of  law. 

272.  Civil  and  Criminal  Cases. — Civil  cases  are 
those  involving  the  private  rights  of  individuals  or 
corporations.  In  such  cases,  one  party,  called  the 
plaintiff,  brings  suit  against  the  other  party,  who  is 
called  the  defendant.  Both  parties  may  be  private 
individuals,  or  either  may  be  a corporation.  A funda- 
mental principle  of  law  is  that  a sovereign  state  maj 
not  be  sued  by  an  individual,  but  the  United  States* 
has  provided  a court  of  claims  to  consider  and  pass 
judgment  upon  claims  of  citizens  against  the  United 


248 


CIVIL  GOVERNMENT  OF  IOWA 


States.  A man  may  not  sue  the  State  of  Iowa,  but  he 
may  secure  a certificate  as  to  the  legality  of  his  claim 
from  the  auditor  of  State,  and  use  this  in  presenting  his 
claim  before  the  General  Assembly,  which,  by  a two- 
thirds  vote,  may  grant  an  appropriation  to  satisfy  the 
same.  (See  notes  on  Art.  III.,  Sec.  31.)  The  out- 
come of  a civil  suit  is  a judgment  in  favor  of  the 
plaintiff  or  defendant,  and  may  require  the  payment 
of  a sum  of  money  to  the  plaintiff.  This  judgment  is 
recorded  by  the  clerk  of  the  court,  and  becomes  a lien 
on  the  real  property  of  the  defendant.  Criminal  cases 
are  those  involving  the  commission  of  an  offense 
against  the  laws  of  the  State  or  municipality,  a public 
wrong.  In  criminal  eases  the  plaintiff  is  the  State,  and 
the  defendant  is  the  one  accused  of  breaking  the  law. 
The  outcome  of  a criminal  case  is  the  acquittal  or 
conviction  and  punishment  of  the  defendant. 

273.  Style  of  Process,  Salary,  Etc. — Sec.  V.  The 
Judges  of  the  Supreme  and  District  Courts  shall  be  con- 
servators of  the  peace  throughout  the  State. 

Sec.  8.  The  style  of  all  process  shall  be  4 4 The  State 
of  Iowa,”  and  all  prosecutions  shall  be  conducted  in  the 
name  and  by  the  authority  of  the  same. 

Sec.  9.  The  salary  of  each  Judge  of  the  Supreme 
Court  shall  be  two  thousand  dollars  per  annum;  and 
that  of  each  District  Judge,  one  thousand  six  hundred 
dollars  per  annum,  until  the  year  eighteen  hundred 
and  sixty;  after  which  time  they  shall  severally  receive 
such  compensation  as  the  General  Assembly  may,  by 
law,  prescribe;  which  compensation  shall  not  be 
increased  or  diminished  during  the  term  for  which  they 
shall  have  been  elected. 

The  salary  of  the  judges  of  the  supreme  court  is 
now  $6,000;  that  of  the  judges  of  the  district  courts 
is  $3,500. 


JUDICIAL  DEPARTMENT 


249 


274.  Changes  in  Districts  and  Judges. — Sec.  10. 
The  State  shall  be  divided  into  eleven  Judicial  Districts; 
and  after  the  year  eighteen  hundred  and  sixty,  the 
General  Assembly  may  reorganize  the  Judicial  Districts 
and  increase  or  diminish  the  number  of  Districts,  or  the 
number  of  Judges  of  the  said  Court,  and  may  increase 
the  number  of  Judges  of  the  Supreme  Court,  but  such 
increase  or  diminution  shall  not  be  more  than  one  Dis- 
trict, or  one  Judge  of  either  Court,  at  any  one  session; 
and  no  reorganization  of  the  districts,  or  diminution  of 


the  number  of  Judges,  shall  have  the  effect  of  removing 
a Judge  from  office.  Such  reorganization  of  the  dis- 
tricts, or  any  change  in  the  boundaries  thereof,  or 
increase  or  diminution  of  the  number  of  Judges,  shall 
take  place  every  four  years  thereafter,  if  necessary,  and 
at  no  other  time. 

(Amendment. ) At  any  regular  session  of  the  General 


250 


CIVIL  GOVERNMENT  OF  IOWA 


Assembly,  the  State  may  be  divided  into  the  necessary 
Judicial  Districts  for  District  Court  purposes,  or  the 
said  districts  may  be  reorganized  and  the  number  of 
the  districts  and  the  Judges  of  said  courts  increased  or 
diminished;  but  no  reorganization  of  the  districts  or 
diminution  of  the  Judges  shall  have  the  effect  of  remov- 
ing a Judge  from  office. 

(The  foregoing  amendment  was  adopted  at  the 
general  election  in  1884.) 

This  section  provides  for  all  necessary  changes  in 
the  courts  of  Iowa,  but  protects  judges  of  the  supreme 
and  district  courts  from  being  thrown  out  of  office 
before  the  end  .of  the  term  for  which  they  were  elected, 
by  any  decrease  in  the  number  of  judges.  There  is 
no  such  constitutional  provision  protecting  the  judges 
of  the  lower  courts  or  of  the  circuit  courts  described 
in  the  note  below.  Therefore,  when  the  circuit  courts 
were  abolished,  the  circuit  judges  lost  their  positions, 
and  although  they  brought  their  cases  into  the  Supreme 
Court,  it  was  decided  that  they  had  no  vested  rights, 
and  could  therefore  be  removed  with  the  abolition  of 
the  court  by  an  act  of  the  General  Assembly. 

Changes  in  the  Judicial  Department. — (1)  The  Changes  in  the 
Supreme  Court.  The  constitution  of  1846  provided  for  a supreme 
court  of  three  members— the  chief  justice  and  two  associates.  In 
the  transaction  of  business,  two  of  them  constituted  a quorum.  To 
provide  that  they  should  be  as  free  from  partisan  politics  as  possible, 
they  were  elected  by  the  General  Assembly  for  a term  of  six  years. 
To  accommodate  the  interest  of  the  State,  the  court  convened  at 
such  times  and  places  as  the  General  Assembly  directed.  As  a conse- 
quence of  this  policy,  the  court  met  for  many  years  in  various  places 
in  the  State,  until  finally,  after  the  completion  of  the  capitol  at  Des 
Moines,  the  court  was  permanently  located  at  the  capital  city. 

The  constitution  of  1857  changed  the  plan  of  election  of  the  judges 
so  that  they  were  chosen  by  the  qualified  electors  of  the  State,  and 
their  terms  of  office  were  so  changed  as  to  expire  at  different  times, 


JUDICIAL  DEPARTMENT 


25* 


while  the  chief  justice  became  the  one  that  had  the  shortest  time  to 
serve,  coming  to  this  official  rank  by  rotation.  The  number  of 
judges  remained  for  a time  at  three,  but  the  amount  of  business  so 
increased  that  it  became  necessary  to  enlarge  the  number  to  five, 
and  afterward  to  six — the  present  number  of  members  in  the  Iowa 
Supreme  Court. 

The  Changes  in  the  District  Court.— (2)  The  constitution  of  1846 
provided  for  the  organization  of  courts  of  original  jurisdiction  in 
cases  in  law  and  equity,  and  all  civil  and  criminal  cases  arising 
under  the  laws  where  trial  was  to  occur  before  being  heard  by  the 
supreme  court.  At  the  beginning,  there  were  four  judicial  districts, 
and  one  judge  to  each  district.  The  number  of  districts  was  increased 
from  time  to  time  as  the  necessities  of  the  business  required. 

The  constitution  of  1857  changed  the  length  of  the  term  of  the 
district  judge’s  office  from  five  to  four  years,  and  the  General  Assembly 
has  from  time  to  time  increased  the  number  of  districts  until,  in 
1908,  there  were  twenty  districts, and  from  one  to  four  judges  in  each 
district. 

Circuit  Courts. — At  one  time  the  courts  had  so  much  business  that 
it  became  necessary  to  reorganize  the  courts  in  some  ways,  so  as  to 
have  more  judges.  As  the  constitution  then  was,  there  was  a district 
attorney  to  represent  the  State  in  all  criminal  actions,  to  each  district 
judge,  and  an  increase  in  judicial  districts  would  multiply  these  district 
attorneys,  which  was  not  considered  necessary  or  expedient.  Hence 
the  General  Assembly  provided  for  a new  judge  to  each  district  to  be 
called  a circuit  judge,  whose  jurisdiction  consisted  of  all  probate 
business,  and  besides  had  concurrent  jurisdiction  with  the  district 
court  in  all  civil  business.  The  criminal  business  belonged  to  the 
district  court  alone.  (167.) 

After  the  amendment  to  the  State  constitution  (1884)  that  pro- 
vided for  the  selection  of  a county  attorney  foy  each  county  to  repre- 
sent the  State  in  all  criminal  actions,  and  the  abolishment  of  the 
office  of  district  attorney,  the  district  court  system  was  reorganized; 
the  circuit  court,  as  it  had  been  called,  was  abolished,  and  from  one 
to  four  judges  were  provided  by  law  for  the  several  districts,  as  the 
needs  of  the  business  of  each  district  required. 

275.  Judges  and  Attorneys. — Sec.  11.  The 
Judges  of  the  Supreme  and  District  Courts  shall  be 
chosen  at  the  general  election;  and  the  term  of  office  of 
each  Judge  shall  commence  on  the  first  day  of  January 
next  after  his  election. 


252  CIVIL  GOVERNMENT  OF  IOWA 

Sec.  12.  The  General  Assembly  shall  provide,  by 
law,  for  the  election  of  an  Attorney-General  by  the 
people,  whose  term  of  office  shall  be  two  years,  and 
until  his  successor  shall  have  been  elected  and  qual- 
ified. 

Sec.  13.  The  qualified  electors  of  each  judicial  dis- 
trict shall,  at  the  time  of  the  election  of  District  Judge, 
elect  a District  Attorney,  who  shall  be  a resident  of  the 
district  for  which  he  is  elected,  and  who  shall  hold  his 
office  for  the  term  of  four  years,  and  until  his  successor 
shall  have  been  elected  and  qualified. 

(The  foregoing  section  was  stricken  out  and  the  fol- 
lowing substituted  therefor  at  the  general  election  in 
1884.) 

Sec.  13.  The  qualified  electors  of  each  county  shall, 
at  the  general  election  in  the  year  1886,  and  every  two 
years  thereafter,  elect  a county  attorney,  who  shall  be  a 
resident  of  the  county  for  which  he  is  elected,  and  shall 
hold  his  office  for  two  years,  and  until  his  successor 
shall  have  been  elected  and  qualified. 

Changes  in  the  office  of  County  Attorney. — The  constitution  of 
1846  provided  for  the  office  of  prosecuting  attorney,  the  officer  to  be 
elected  by  the  several  counties  at  the  general  election.  This  officer 
was  the  advisor  of  the  several  county  officers,  and  represented  the 
State  in  all  criminal  cases  tried  before  the  district  court.  The  con- 
stitution of  1857  dropped  the  provision  regarding  the  county  prose- 
cuting attorney,  and  substituted  a district  attorney  to  be  chosen  by 
the  electors  of  each  judicial  district.  This  was  done  in  the  interests 
of  economy  and  also  in  the  hope  of  providing  more  efficient  officers 
than  was  possible  under  the  prosecuting  attorney  system,  since  a 
lawyer  could  afford,  with  such  an  extent  of  territory,  to  give  all  his 
time  to  the  prosecution  of  offenders  against  the  criminal  laws  of  the 
State. 

After  a time  the  office  of  district  attorney  was  found  to  interfere 
with  the  proposed  reorganization  of  the  district  courts,  and  in  1884, 
by  a constitutional  amendment,  the  office  of  district  attorney  was 
abolished  and  that  of  county  attorney  restored,  the  term  of  service 
being  changed  to  two  years. 

276,  The  Grand  Jury. — Sec.  14.  It  shall  be  the 
duty  of  the  General  Assembly  to  provide  for  the  carry- 


JUDICIAL  DEPARTMENT  253 

in g into  effect  of  this  article,  and  to  provide  for  a general 
system  of  practice  in  all  the  Courts  of  this  State. 

(Amendment.)  The  grand  jury  may  consist  of  any 
number  of  members,  not  less  than  five,  nor  more  than 
fifteen,  as  the  General  Assembly  may  by  law  provide,  or 
the  Genera]  Assembly  may  provide  for  holding  persons 
to  answer  for  any  criminal  offense  without  the  inter- 
ference of  a grand  jury.) 

(The  foregoing  amendment  was  adopted  at  the  general 
election  in  1884.) 

Care  should  be  taken  to  distinguish  between  a grand 
jury  and  a petit  jury.  The  grand  jury  finds  an  indict- 
ment or  presentment  against  a supposed  criminal, 
charging  him  with  the  crime  and  requiring  him  to 
appear  before  the  district  court  and  be  tried  on  the 
indictment.  Notice  that  this  amendment  provides  for 
abolishing  the  grand  jury.  How  does  this  amendment 
affect  Article  I.,  Sec.  n,  of  the  Bill  of  Rights?  An 
indictment  is  an  accusation  formally  drawn  up  by  a 
prosecuting  officer  and  laid  before  the  grand  jury,  with 
the  evidence  pointing  toward  the  guilt  of  the  accused. 
If  the  members  of  the  jury  think  the  evidence  suffi- 
cient to  warrant  a trial,  they  endorse  the  paper  with 
the  words,  “A  true  bill.”  If  the  evidence  is  not,  in 
their  opinion,  sufficient,  they  endorse  the  words,  “Not 
a true  bill.”  In  the  latter  case,  the  accused  is  not 
obliged  to  undergo  a trial,  though  he  may  be  indicted 
by  another  jury  later,  and  so  brought  to  trial.  A 
presentment  is  an  accusation  by  a jury  on  their  own 
knowledge,  or  on  evidence  before  them,  and  is  not 
based  on  the  suit  of  the  government.  If  the  jury  pre- 
sents a person,  he  must  be  regularly  indicted  before 
he  can  be  put  on  trial.  (Hinsdale’s  “American  Gov- 
ernment,” § 551.  p.  308*) 


254 


CIVIL  GOVERNMENT  OF  IOWA 


Supreme  Judges. 


*fCharles  Mason,  1838-47. 
*fThomas  S.  Wilson,  1838-47. 

* Joseph  Williams,  1838-55. 
fjohn  F.  Kinney,  1847-54. 
George  Green,  1847-55. 

S.  C.  Hastings,  1848-49. 
Jonathan  C.  Hall,  1854-55. 
f George  G.  Wright,  1855-70. 
Wm.  G.  Woodward,  1855-60. 
f Norman  W.  Isbell,  1855-56. 
Lacon  D.  Stockton,  1856-60. 
Caleb  Baldwin,  1860-63. 

Ralph  P.  Lowe,  1860-67. 

John  F.  Dillon,  1864-70. 
■(•Chester  C.  Cole,  1864-76. 
Joseph  M.  Beck,  1868-91. 
James  G.  Day,  1870-83. 
fElias  H.  Williams,  1870. 
William  E.  Miller,  1870-75. 
Austin  Adams,  1876-87. 

James  H.  Rothrock,  1876-97. 
William  H.  Seevers,  1876-88. 
f Joseph  R.  Reed,  1884-89. 
Gifford  S.  Robinson,  1888-99. 
Charles  T.  Granger,  1889-1900. 
Josiah  Given,  1889-1901. 
LeVega  G.  Kinne,  1892-97. 
Horace  E.  Deemer,  1894-. 


Scott  M.  Ladd,  1897-. 
fChas.  M.  Waterman,  1898-1902. 
John  C.  Sherwin,  1900-. 

Emlin  McClain,  1901-. 

Silas  M.  Weaver,  1902-. 

Charles  A.  Bishop,  1902-. 


277.  The  Petit  Jury. — The  petit  jury  comprises 
twelve  men,  who  listen  to  the  evidence  for  and  against 
the  accused,  as  it  is  given  during  the  trial,  and  at  the 
close  of  the  trial  decide  whether  the  defendant  is  guilty 
or  not.  In  a trial  for  murder  in  the  first  degree,  they 
also  decide  whether  the  punishment  shall  be  death  or 
life  imprisonment  at  hard  labor.  (Code  § 4731.) 


* Held  over  from  territorial  government ; see  § 46, 
f Resigned  office. 


JUDICIAL  DEPARTMENT 


255 


“ The  following  persons  are  exempt  from  liability  to 
act  as  jurors:  All  persons  holding  office  under  the  laws 
of  the  United  States  or  this  State;  all  practicing 
attorneys,  physicians,  registered  pharmacists,  and 
clergymen;  all  acting  professors  or  teachers  of  any 
college,  school,  or  other  institution  of  learning,  and  all 
persons  disabled  by  bodily  infirmity  or  over  sixty-five 
years  of  age;  active  members  of  any  fire  company, 
and  any  person  who  is  conscientiously  opposed  to  act- 
ing as  a juror  because  of  his  religious  faith.”  (Laws 
of  Twenty-sixth  General  Assembly,  page  6 1.)  Any 
person  may  be  excused  from  jury  service  when  personal 
interests,  or  the  health  of  his  family  require  his  absence 
from  court. 

Lists  are  annually  selected  by  the  judges  of  the 
various  precincts  in  every  county.  From  these  lists 
the  members  of  grand  and  petit  juries  are  chosen  by  lot 
by  a committee  comprising  the  county  auditor,  clerk, 
and  recorder.  The  number  of  names  on  the  lists  is  indi- 
cated in  the  following  tables.  The  number  chosen  by 
lot  constitute  a panel,  and  the  number  on  each  panel  is 
indicated  below.  A talesman  is  a person  summoned  to 
complete  a jury  when  the  regular  panel  is  exhausted 
by  challenges  or  is  otherwise  deficient. 


GRAND  PETIT  TALES* 
JURORS.  JURORS.  MEN. 

Number  of  names  in  lists  of  counties  of 


20,000  or  less 75  400  150 

Number  of  names  in  lists  of  counties  of 

over  20,000 75  800  300 

Panel  in  counties  of  less  than  15,000 12  15 

Panel  in  counties  of  15,000  or  more 12  24 

Limit  of  panel  in  single  county  districts...  12  72 


Number  of  complete  jury  chosen  by  lot 
from  ths  panel 


7 


12 


256 


CIVIL  GOVERNMENT  OF  IOWA 


Note. — The  number  on  the  panel  of  a petit  jury 
may  be  increased  by  the  order  of  the  court.  Tales- 
men are  always  citizens  of  the  town  where  the  court 
is  held,  or  of  the  immediately  adjacent  townships.  The 
names  of  the  jurors  are  to  be  drawn  twenty  days  prior 
to  the  court  session,  and  the  persons  chosen  are  sum- 
moned by  the  sheriff.  The  jury  of  a justice’s  court  con- 
sists of  six  men,  who  are  selected  and  summoned  by 
the  constable. 

278.  Outline. — From  the  above  article,  fill  the 
following  outline  of  Judicial  Department: 

State  Courts, 

Those  named  in  the  Constitution, 

Provision  for  additional  courts, 

History  of  such  additions,  (Note  and  table  of 
courts); 

Supreme  Court, 

Number  of  Judges,  Sec.  2, 

According  to  the  Constitution, 

Quorum, 

Provision  for  a change  in  number,  Sec.  10, 
Frequency  of  such  changes, 

Result  on  term  of  judges, 

Number  at  present,  (Note); 

Election, 

How,  Sec.  3. 

When,  Sec.  11. 

Term, 

Length,  Sec.  3. 

Beginning,  Sec.  11. 

Classification. 

Ineligibility. 

Chief  Justice,  Sec.  3. 

Jurisdiction,  Sec.  4. 

Salary,  Sec.  9. 

Formerly, 

Now, 

How  determined  (Notes  and  table). 


JUDICIAL  DEPARTMENT 


257 


District  Court. 

Number  of  districts,  Sec.  10. 

Provision  for  change. 

Number  at  present.  (See  map,  p.  249.) 

Number  of  Judges  by  Constitution,  Sec.  5. 

Provision  for  change,  Sec.  10. 

Frequency  of  change,  Amendment,  Sec.  10. 

Result  on  term  of  Judges; 

Term; 

Election, 

How, 

When,  Sec.  11; 

Salary, 

Formerly, 

Now,  Sec.  9,  notes; 

The  Attorney-General, 

Term  of  service,  Sec.  12; 

The  District  Attorney,  Sec.  13. 

(Superseded. ) 

The  County  Attorney,  Amendment  to  Sec.  13; 

The  grand  jury,  Amendment. 

Limitation  as  to  number, 

Provision  for  abolishing. 

279,  Militia. — Article  VI.,  Section  1.  The  militia 
of  this  State  shall  be  composed  of  all  able-bodied  {white) 
male  citizens,  between  the  ages  of  eighteen  and  forty- 
five  years,  except  such  as  are  or  may  hereafter  be 
exempt  by  the  laws  of  the  United  States,  or  of  this 
State,  and  shall  be  armed,  equipped,  and  trained  as 
the  General  Assembly  may  provide  by  law. 

(Amended  by  striking  out  the  word  “white,”  at  the 
general  election  in  1868.) 

Sec.  2.  No  person  or  persons  conscientiously  scru- 
pulous of  bearing  arms  shall  be  compelled  to  do  mili- 
tary duty  in  time  of  peace;  provided,  that  such  person 
or  persons  shall  pay  an  equivalent  for  such  exemption  in 
the  same  manner  as  other  citizens. 

All  persons  who  have  served  in  the  United  States 
army  and  have  been  honorably  discharged,  are  exempt 
from  duty  under  the  military  laws  of  the  State,  but 


258  CIVIL  GOVERNMENT  OF  IOWA 

are  allowed  to  join  the  organized  militia  if  they  wish. 
The  unorganized  militia  are  listed  by  the  assessors  of 
the  various  townships  as  stated  in  the  chapter  on  local 
government  (145),  and,  after  being  reported  to  the 
county  auditor,  the  list  is  forwarded  to  the  adjutant- 
general  at  Des  Moines. 

280.  Officers. — Sec.  3.  All  commissioned  officers 
of  the  militia  (staff  officers  excepted)  shall  be  elected 
by  the  persons  liable  to  perform  military  duty,  and  shall 
be  commissioned  by  the  governor. 

Commissioned  officers  are  elected  for  five  years  by 
the  enlisted  members  of  the  State  militia;  that  is,  by 
the  members  of  the  National  Guard. 

28 1 . Outline  Study. 

Militia,  Art.  VI. 

Comprises  whom,  Section  1. 

Exception, 

How  armed, 

How  Equipped, 

How  trained; 

The  word  44  white”; 

Exemption  from  duty,  Sec.  2 
Provision, 

Meaning  of  same* 

Officers,  Sec.  3. 


CHAPTER  XXI 


STATE  DEBTS  AND  CORPORATIONS 
ARTICLE  VII 

282.  Purpose  and  Limits. — Section  1.  The 
credit  of  the  State  shall  not,  in  any  manner,  be  given  or 
loaned  to,  or  in  aid  of,  any  individual,  association,  or 
corporation;  and  the  State  shall  never  assume,  or 
become  responsible  for,  the  debts  or  liabilities  of  any 
individual,  association,  or  corporation,  unless  incurred 
in  time  of  war  for  the  benefit  of  the  State. 

Sec.  2.  The  State  may  contract  debts  to  supply 
casual  deficits  or  failures  in  revenues,  or  to  meet 
expenses  not  otherwise  provided  for;  but  the  aggre- 
gate amount  of  such  debts,  direct  and  contingent, 
whether  contracted  by  virtue  of  one  or  more  acts  of  the 
General  Assembly,  or  at  different  periods  of  time,  shall 
never  exceed  the  sum  of  two  hundred  and  fifty  thousand 
dollars;  and  the  money  arising  from  the  creation  of  such 
debts  shall  be  applied  to  the  purpose  for  which  it  was 
obtained,  or  to  repay  the  debts  so  contracted,  and  to  no 
other  purpose  whatever. 

It  will  be  seen  that  great  pains  was  taken  to  prevent 
the  legislature  from  involving  the  State  in  needless 
debt,  but  the  following  sections  provide  for  exceptional 
cases. 

283.  First  Exception  to  Limit. — Sec.  3.  All 
losses  to  the  permanent,  school  or  university  fund  of 
this  State,  which  shall  have  been  occasioned  by  the 
defalcation,  mismanagement  or  fraud  of  the  agents  or 
officers  controlling  and  managing  the  same,  shall  be 
audited  by  the  proper  authorities  of  the  State.  The 
amount  so  audited  shall  be  a permanent  funded  debt 
against  the  State,  in  favor  of  the  respective  fund,  sus- 
taining the  loss,  upon  which  not  less  than  six  per  cent. 

259 


260 


CIVIL  GOVERNMENT  OF  IOWA 


annual  interest  shall  be  paid.  The  amount  of  liability 
so  created  shall  not  be  counted  as  a part  of  the  indebted- 
ness authorized  by  the  second  section  of  this  article. 

The  educational  funds  of  the  State  coming  from  the 
Federal  land  grants  (130  and  296-301)  must  be 
sacredly  guarded,  and  this  is  the  first  exception  to 
the  general  restriction  on  State  indebtedness.  Such 
a loss  was  incurred  early  in  the  history  of  the  State, 
and,  in  accordance  with  this  section,  the  State 
issued  bonds  to  the  amount  of  $234,498.01  as  a per- 
manent debt  to  make  good  the  loss  to  the  school 
fund.  This  debt  was  not  paid  until  1893,  when  the 
United  States  government  repaid  to  Iowa  her  share  of 
the  Direct  War  Tax  of  1861.  (Hinsdale’s  American 
Government , § 343.)  The  receipt  of  this  money  from 
the  Federal  Government  enabled  Iowa  to  pay  her 
bonds,  and  left  about  $150,000  to  be  expended  on  a 
Soldiers’  and  Sailors’  Monument  to  be  erected  on  the 
grounds  of  the  State  Capitol.  (77)- 

284.  Second  Exception  to  Limit, — Sec.  4.  In 
addition  to  the  above  limited  power  to  contract  debts, 
the  State  may  contract  debts  to  repel  invasion,  suppress 
insurrection,  or  defend  the  State  in  war;  but  the  money 
arising  from  the  debts  so  contracted  shall  be  applied  to 
the  purpose  for  which  it  was  raised,  or  to  repay  such 
debts,  and  to  no  other  purpose  whatever. 

All  ordinary  restrictions  may  need  to  be  laid  aside 
under  the  danger  of  invasion  or  serious  insurrection, 
and  this  second  exception  is  evidently  wise  and  proper. 

285.  Third  Exception. — Sec.  5.  Except  the  debts 
hereinbefore  specified  in  this  article,  no  debt  shall  be 
hereafter  contracted  by  or  on  behalf  of  this  State, 
unless  such  debt  shall  be  authorized  by  some  law  for 
some  single  work  or  object,  to  be  distinctly  specified 
therein;  and  such  law  shall  impose  and  provide  for  the 


STATE  DEBTS  AND  CORPORATIONS 


26l 


collection  of  a direct  annual  tax,  sufficient  to  pay  the 
interest  on  such  debt,  as  it  falls  due,  and  also  to  pay 
and  discharge  the  principal  of  such  debt,  within  twenty 
years  from  the  time  of  contracting  thereof,  but  no  such 
law7  shall  take  effect  until  at  a general  election  it  shall 
have  been  submitted  to  the  people,  and  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such 
election,  and  all  money  raised  by  authority  of  such  law 
shall  be  applied  only  to  the  specific  object  therein  stated, 
or  to  the  payment  of  the  debt  created  thereby,  and  such 
law  shall  be  published  in  at  least  one  newspaper  in  each 
county,  if  one  is  published  therein,  throughout  the 
State,  for  three  months  preceding  the  election  at  which 
it  is  submitted  to  the  people. 

Sec.  6.  The  legislature  may,  at  any  time  after  the 
approval  of  such  law  by  the  people,  if  no  debt  shall 
have  been  contracted  in  pursuance  thereof,  repeal  the 
same;  and  may,  at  any  time,  forbid  the  contracting  of 
any  further  debt,  or  liability,  under  such  law;  but  the 
tax  imposed  by  such  law,  in  proportion  to  the  debt  or 
liability,  which  may  have  been  contracted  in  pursuance 
thereof,  shall  remain  in  force  and  be  irrepealable,  and 
be  annually  collected,  until  the  principal  and  interest 
are  fully  paid. 

The  third  exception  to  the  law  restricting  the 
indebtedness  of  the  State  is  based  on  the  principle  of 
the  “ referendum.  ” In  Switzerland,  it  is  customary 
to  require  laws  to  be  referred  to  the  people  for  sanc- 
tion before  they  take  effect,  and  it  is  the  opinion  of 
many  that  the  same  plan  would  be  of  advantage  in 
the  United  States.  Notice  how  carefully  provision  is 
made  for  the  annual  payment  of  interest  and  the 
liquidation  of  the  whole  debt  within  twenty  years; 
also  for  cases  where  the  necessity  disappears  for  bor- 
rowing the  whole  amount  authorized. 

286.  Requirement. — Sec.  7.  Every  law  which 
imposes,  continues,  or  revives  a tax,  shall  distinctly 
state  the  tax,  and  the  object  to  which  it  is  to  be  applied; 


262 


CIVIL  GOVERNMENT  OF  IOWA 


and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to 
fix  such  tax  or  object. 

287.  Outline  Study. 

State  debts,  Art.  VII. 

Prohibition  against,  Sec.  1. 

Granting  the  credit  of  the  state, 

Assuming  certain  debts. 

Exception; 

Contraction  of  state  debt,  Sec.  2. 

For  what  purposes, 

General  limitation; 

First  exception,  touching  certain  funds,  Sec.  3. 

Provision  for  such  cases, 

Second  exception,  touching  public  danger,  Sec.  4. 

Provision, 

Third  exception,  by  referendum,  Sec.  5. 

How  paid, 

Limit  of  time, 

Publication, 

Payment  of  interest, 

Repeal  of  law,  Sec.  6. 

Restriction. 

Requirement  touching  all  laws  imposing  or  reviving 
taxes,  Sec.  7. 

288.  Corporations.— “A  corporation  is  a body 
consisting  of  one  or  more  natural  persons,  empowered 
by  law  to  act  as  an  individual,  and  continued  by  a 
succession  of  members.’ * A corporation  may  own 
property,  sue,  and  be  sued  like  an  individual.  There 
are  (1)  public  or  municipal  corporations,  created 
for  political  purposes  and  sometimes  spoken  of  as 
political  corporations;  (2)  private  or  civil  corporations 
created  for  the  private  emolument  of  the  members. 
Cities,  counties,  and  incorporated  towns  are  examples 
of  the  first  kind,  and  railroad  companies,  banks,  and 
manufacturing  companies  are  examples  of  the  second 
kind. 


STATE  DEBTS  AND  CORPORATIONS 


263 


Article  VIII.,  Section  1.  No  corporation  shall  be 
created  by  special  laws;  but  the  General  Assembly  shall 
provide,  by  general  laws,  for  the  organization  of  all 
corporations  hereafter  to  be  created,  except  as  herein- 
after  provided. 

Sec.  2.  The  property  of  all  corporations  for 
pecuniary  profit  shall  be  subject  to  taxation,  the  same 
as  that  of  individuals. 

Sec.  3.  The  State  shall  not  become  a stockholder  in 
any  corporation,  nor  shall  it  assume  or  pay  the  debt  or 
liability  of  any  corporation,  unless  incurred  in  time  of 
war  for  the  benefit  of  the  State. 

Section  1 guards  against  corporations  monopoliz- 
ing privileges  by  securing  rights  which  others  may 
not  have  under  similar  circumstances.  The  justice  of 
Sec.  2 is  very  evident.  As  the  State  may  not  be  sued, 
it  would  be  an  unwise  plan  to  allow  a State  to  become 
a stockholder  in  any  corporation  which  can  be  sued. 

289,  Prohibition.  —Sec.  4.  No  political  or  muni- 
cipal corporation  shall  become  a stockholder  in  any 
banking  corporation,  directly  or  indirectly. 

This  means  that  no  county,  city,  or  town  can  hold 
stock  in  any  bank.  The  county,  city,  and  town,  unlike 
the  State,  are  liable  to  suit,  but  a strong  prejudice 
against  banks  existed  in  the  State  when  the  constitu- 
tion was  adopted  (38,  42,  43),  and  this  section  is 
inserted  in  deference  to  this  feeling  and  the  belief  that 
even  local  government  should  have  no  interest  in  bank- 
ing establishments. 

290.  Bank  Legislation. — Sec.  5.  No  act  of  the 
General  Assembly,  authorizing  or  creating  corporations 
or  associations  with  banking  powers,  nor  amendments 
thereto,  shall  take  effect,  or  in  any  manner  be  in  force, 
until  the  same  shall  have  been  submitted,  separately,  to 
the  people,  at  a general  or  special  election,  as  provided  by 
law,  to  be  held  not  less  than  three  months  after  the  pas- 


264 


CIVIL  GOVERNMENT  OF  IOWA 


sage  of  the  act,  and  shall  have  been  approved  by  a 
majority  of  all  the  electors  voting  for  and  against  it  at 
such  election. 

Here  is  another  case  of  referendum.  Notice  the 
three  months  clause. 

29  1 . Provision  for  a State  Bank. — Sec.  6.  Sub- 
ject to  the  provisions  of  the  foregoing  section,  the 
General  Assembly  may  also  provide  for  the  establish- 
ment of  a State  bank  with  branches. 

Sec.  7.  If  a State  bank  be  established,  it  shall  be 
founded  on  an  actual  specie  basis,  and  the  branches 
shall  be  mutually  responsible  for  each  other’s  liabilities 
upon  all  notes,  bills,  and  other  issues  intended  for  cir- 
culation as  money. 

Sec.  8.  If  a general  banking  law  shall  be  enacted,  it 
shall  provide  for  the  registry  and  countersigning,  by  an 
officer  of  State,  of  all  bills,  or  paper  credit  designed  to 
circulate  as  money,  and  require  security  to  the  full 
amount  thereof,  to  be  deposited  with  the  State  treasurer, 
in  United  States  stocks,  or  in  interest  paying  stocks  of 
States  in  good  credit  and  standing,  to  be  rated  at  ten 
per  cent  below  their  average  value  in  the  city  of  New 
York,  for  the  thirty  days  next  preceding  their  deposit; 
and  in  case  of  a depreciation  of  any  portion  of  such 
stocks,  to  the  amount  of  ten  per  cent  on  the  dollar,  the 
bank  or  banks  owning  said  stocks  shall  be  required  to 
make  up  said  deficiency  by  depositing  additional  stocks; 
and  said  law  shall  also  provide  for  the  recording  of  the 
names  of  all  stockholders  in  such  corporations,  the 
amount  of  stock  held  by  each,  the  time  of  any  transfer, 
and  to  whom.  (71). 

A bank  wishing  to  have  the  privilege  of  issuing 
bills  of  credit,  as  they  are  called  in  the  Constitution  of 
the  United  States  or  bank  bills  to  the  amount  of 
$9,000,  must  deposit  United  States  bonds  (or  other 
security  satisfactory  to  the  State),  worth  $10,000  in 
the  New  York  market,  and  if  at  any  time  these  bonds 
come  to  be  worth  less  than  $9,000,  more  bonds  must 


STATE  DEBTS  AND  CORPORATIONS 


265 


be  deposited  to  make  up  the  deficiency.  State  banks 
are  numerous,  but  none  of  them  issue  bank-bills 
because  of  the  United  States  tax  of  ten  per  cent  on 
State  bank  currency. 

292.  Responsibility  of  Stockholders.  — Sec.  9. 
Every  stockholder  in  a banking  corporation  or  institu- 
tion shall  be  individually  responsible  and  liable  to  its 
creditors,  over  and  above  the  amount  of  stock  by  him 
or  her  held,  to  an  amount  equal  to  his  or  her  respective 
shares  so  held,  for  all  of  its  liabilities,  accruing  while 
he  or  she  remains  such  stockholder. 

A stockholder  owning  $10,000  worth  of  stock  is 
thus  liable  for  $20,000  in  case  that  amount  is  needed 
to  make  good  the  deficiency  of  funds  when  the  bank 
fails. 

293.  Further  Protective  Measures. — Sec.  10.  In 
case  of  the  insolvency  of  any  banking  institution,  the 
bill-holders  shall  have  a preference  over  its  other 
creditors. 

Sec.  11.  The  suspension  of  specie  payment  by  bank- 
ing institutions  shall  never  be  permitted  or  sanctioned. 

Sec.  12.  Subject  to  the  provisions  of  this  article, 
the  General  Assembly  shall  have  power  to  amend  or 
repeal  all  laws  for  the  organization  or  creation  of  cor- 
porations, or  granting  of  special  or  exclusive  privileges 
or  immunities,  by  a vote  of  two-thirds  of  each  branch 
of  the  General  Assembly;  and  no  exclusive  privileges, 
except  as  in  this  article  provided,  shall  ever  be  granted. 

Any  one  who  has  a bank  bill  is  a creditor  of  the 
bank.  The  general  plan  of  State  bank  currency  is 
the  same  as  that  of  the  National  Banks,  but  it  was  of 
earlier  date,  the  first  National  Banking  Law  being 
passed  in  1863.  The  suspension  of  specie  payment 
means  the  refusal  to  redeem  obligations  in  real  money 


or  coin. 


266 


STATE  DEBTS  AND  CORPORATIONS 


294.  Outline  Study. 

Corporations. 

Provision  for  their  organization,  Section  1. 
Restriction  touching  laws, 

Taxation,  Sec.  2. 

The  State  as  a stockholder,  Sec.  3; 
Assumption  of  corporation  debts, 
Exception; 

Banking  corporation,  Sec.  4. 

Restriction  touching  stockholders. 
Banking  laws,  Sec.  5. 

Restrictions  on  passing  same. 

State  bank, 

How  established,  Sec.  6. 

Restriction, 

On  what  basis,  Sec.  7 
Responsibility  of  branches, 

Security  of  currency,  Sec.  8. 

How  rated. 

Stockholders,  Sec.  9. 

Extent  of  responsibility; 

Creditors  having  preference,  Sec.  10. 
Suspension  of  specie  payment,  Sec.  11. 


TOPICS  AND  QUESTIONS. 

1 . A very  interesting  article  will  be  found  in  the 
April  (1897)  number  of  Iowa  Historical  Record , on 
4 4 Some  Iowa  Bank  History.  ’ ’ 

2.  Look  up  the  subject  of  Wild-cat  banking  in  the 
United  States. 


CHAPTER  XXII 


ARTICLE  IX. EDUCATION  AND  SCHOOL  LANDS 

295.  State  Board  of  Education. — The  first  part 
of  Article  IX.  is  a matter  of  interest  simply  as  history. 
It  provides  for  a State  Board  of  Education,  but  by 
Section  1 5 allows  that  board  to  be  reorganized  or 
abolished  after  the  year  1863.  The  Tenth  General 
Assembly  did  abolish  the  board.  (See  Laws  of  Tenth 
General  Assembly,  Chapter  LII.,  Sec.  1.)  We  insert 
the  article  in  full,  as  part  of  the  Constitution,  recom- 
mending that  it  be  read  over  by  the  class. 

FIRST. 

Education. — Section  1.  The  educational  interest  of  the  State, 
including  common  schools  and  other  educational  institutions,  shall 
be  under  the  management  of  a Board  of  Education,  which  shall  con- 
sist of  the  lieutenant-governor,  who  shall  be  the  presiding  officer  of  the 
board,  and  have  the  casting  vote  in  case  of  a tie,  and  one  member 
to  be  elected  from  each  judicial  district  in  the  State. 

Sec.  2.  No  person  shall  be  eligible  as  member  of  said  board  who 
shall  not  have  attained  the  age  of  twenty-five  years,  and  shall  have 
been  one  year  a citizen  of  the  State. 

Sec.  3.  One  member  of  said  board  shall  be  chosen  by  the  quali- 
fied electors  of  each  district,  and  shall  hold  the  office  for  the  term  of 
four  years,  and  until  his  successor  is  elected  and  qualified.  After  the 
first  election  under  this  constitution,  the  board  shall  be  divided,  as 
nearly  as  practicable,  into  two  equal  classes,  and  the  seats  of  the 
first  class  shall  be  vacated  after  the  expiration  of  two  years;  and  one 
half  of  the  board  shall  be  chosen  every  two  years  thereafter. 

Sec.  4.  The  first  session  of  the  Board  of  Education  shall  be  held 
at  the  seat  of  government,  on  the  first  Monday  of  December,  after 
their  election;  after  which  the  General  Assembly  may  fix  the  time 
and  place  of  meeting. 

Sec.  5.  The  session  of  the  board  shall  be  limited  to  twenty  days, 
and  but  one  session  shall  be  held  in  any  one  year,  except  upon  extraor- 
dinary occasions,  when,  upon  the  recommendation  of  two  thirds  of 
the  board,  the  Governor  may  order  a special  session. 

26? 


268 


CIVIL  GOVERNMENT  OF  IOWA 


Sec.  6.  The  Board  of  Education  shall  appoint  a secretary,  whc 
shall  be  the  executive  officer  of  the  board,  and  perform  such  duties 
as  may  be  imposed  upon  him  by  the  board  and  the  laws  of  the 
State.  They  shall  keep  a journal  of  their  proceedings,  which  shall 
be  published  and  distributed  in  the  same  manner  as  the  journals  of 
the  General  Assembly. 

Sec.  7.  All  rules  and  regulations  made  by  the  board  shall  be  pub- 
lished and  distributed  to  the  several  counties,  townships,  and  school 
districts,  as  may  be  provided  for  by  the  board,  and  when  so  made, 
published  and  distributed,  they  shall  have  the  force  and  effect  of  law. 

Sec.  8.  The  Board  of  Education  shall  have  full  power  and  author- 
ity to  legislate  and  make  all  needful  rules  and  regulations  in  relation 
to  common  schools,  and  other  educational  institutions,  that  are 
instituted  to  receive  aid  from  the  school  or  university  fund  of  this 
State;  but  all  acts,  rules,  and  regulations  of  said  board  may  be 
altered,  amended  or  repealed  by  the  General  Assembly;  and  when 
so  altered,  amended,  or  repealed,  they  shall  not  be  re-enacted  by  the 
Board  of  Education. 

Sec.  9.  The  Governor  of  the  State  shall  be,  ex  officio , a member 
of  said  board. 

Sec.  10.  The  board  shall  have  no  power  to  levy  taxes,  or  make 
appropriations  of  money.  Their  contingent  expenses  shall  be  pro- 
vided for  by  the  General  Assembly. 

Sec.  11.  The  State  University  shall  be  established  at  one  place 
without  branches  at  any  other  place,  and  the  University  fund  shall 
be  applied  to  that  institution  and  no  other. 

Sec.  12.  The  Board  of  Education  shall  provide  for  the  education 
of  all  the  youths  of  the  State,  through  a system  of  common  schools, 
and  such  schools  shall  be  organized  and  kept  in  each  school  district  at 
least  three  months  in  each  year.  Any  district  failing  for  two  con- 
secutive years  to  organize  and  keep  up  a school,  as  aforesaid,  may  be 
deprived  of  their  portion  of  the  school  fund. 

Sec  13.  The  members  of  the  Board  of  Education  shall  each  re- 
ceive the  same  per  diem  during  the  time  of  their  session,  and  mileage 
going  to  and  returning  therefrom,  as  members  of  the  General  Assem- 
bly. 

Sec.  14.  A majority  of  the  board  shall  constitute  a quorum  for  the 
transaction  of  business;  but  no  rule,  regulation,  or  law,  for  the  gov- 
ernment of  common  schools  or  other  educational  institutions,  shall 
pass  without  the  concurrence  of  a majority  of  all  the  members  of  the 
board,  which  shall  be  expressed  by  the  yeas  and  nays  on  the  final 
passage.  The  style  of  all  acts  of  the  board  shall  be,  “Be  it  enacted 
by  the  Board  of  Education  of  the  State  of  Iowa.” 

Sec.  15.  At  any  time  after  the  year  One  thousand  eight  hundred 
and  sixty-three,  the  General  Assembly  shall  have  power  to  abolish  or 
re-organize  said  Board  of  Education,  and  provide  for  the  educa- 
tional interest  of  the  State  in  any  other  manner  that  to  them  shall 
seem  best  and  proper. 

SECOND. 

296.  School  Funds  and  School  Lands. — Section  1.  The  educa- 
tional and  school  funds  and  lands  shall  be  under  the  control  and 
management  of  the  General  Assembly  of  this  State. 


EDUCATION  AND  SCHOOL  LANDS 


269 


Sec.  2.  The  University  lands,  and  the  proceeds  thereof,  and  all 
moneys  belonging  to  said  fund  shall  be  a permanent  fund  for  the  sole 
use  of  the  State  University.  The  interest  arising  from  the  same  shall 
be  annually  appropriated  for  the  support  and  benefit  of  said  Univer- 
sity. 

Sec.  3.  The  General  Assembly  shall  encourage,  by  all  suitable 
means,  the  promotion  of  intellectual,  scientific,  moral,  and  agricultural 
improvement.  The  proceeds  of  all  lands  that  have  been,  or  hereafter 
may  be,  granted  by  the  United  States  to  this  State,  for  the  support  of 
schools,  which  may  have  been,  or  shall  hereafter  be  sold,  or  disposed 
of  and  the  five  hundred  thousand  acres  of  land  granted  to  the  new 
States,  under  an  act  act  of  Congress,  distributing  the  proceeds  of  the 
public  lands  among  the  several  States  of  the  Union,  approved  in  the 
year  of  our  Lord  One  thousand  eight  hundred  and  forty  one,  and  all 
estates  of  deceased  persons  who  may  have  died  without  leaving  a will 
or  heir,  and  also  such  per  cent  as  has  been  or  may  hereafter  be  granted 
by  Congress,  on  the  sale  of  lands  in  this  State,  shall  be,  and  remain 
a perpetual  fund,  the  interest  of  which,  together  with  all  rents  of  the 
unsold  lands,  and  such  other  means  as  the  General  Assembly  may 
provide,  shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  State. 

297.  United  States  Land  Grants. — 1.  School 
Lands.  The  first  land  grant  for  school  purposes 
originated  in  the  ordinance  of  1785,  confirmed  July 
23,  1787,  and  ratified  by  Congress  in  1789,  after  the 
adoption  of  the  present  Constitution.  At  first  the  six- 
teenth section  of  every  congressional  township  was  set 
apart  for  the  maintenance  of  common  schools.  The 
provision  for  Iowa  was  made  in  a law  passed  by  Con- 
gress in  1845.  All  States  admitted  previous  to  1850 
received  a grant  of  the  sixteenth  section.  All  States 
organized  after  that  time  have  received  both  the  six- 
teenth and  thirty-sixth  sections  of  every  township.  In 
1841,  sixteen  States,  among  which  was  Iowa,  each 
received  500,000  acres  of  land.  Later  certain  swamp 
lands  were  granted  to  Iowa  and  other  states,  and  five 
per  cent  of  the  sale  of  government  lands  was  devoted 
to  the  school  fund  in  each  State. 

2.  University  Land  Grant.  Two  townships  have 


270 


CIVIL  GOVERNMENT  OF  IOWA 


been  set  apart  in  each  State  for  the  maintenance  of 
higher  education.  This  is  the  basis  for  the  State 
universities  now  so  common. 

3.  In  1862,  a grant  of  30,000  acres  of  land  was 
made  for  each  Senator  and  Representative  in  Con- 
gress; the  proceeds  of  these  lands  was  made  a 
perpetual  fund  for  the  support  of  agricultural  col- 
leges in  the  various  States.  By  the  wording  of  this 
act  the  distinctive  purpose  of  these  agricultural  col- 
leges was  4 ‘ without  excluding  other  scientific  and 
classical  studies  and  including  military  tactics , to 
teach  such  branches  of  learning  as  are  related  to  agri- 
culture and  the  mechanic  arts  in  such  manner  as  the 
legislatures  of  the  States  may  respectively  prescribe, 
in  order  to  promote  the  liberal  and  practical  education 
of  the  industrial  classes  in  the  several  pursuits  and 
professions  of  life.”  See  article  on  Land  Grants  in 
Report  of  Commissioner  of  Education  for  1880, 
pp.  xxiv-xxvi,  and  for  1892  and  1893,  pp.  1268-1283. 

298.  Other  Sources  of  School  Fund.— Sec.  4.  The 
money  which  may  have  been  or  shall  be  paid  by  persons 
as  an  equivalent  from  exemption  from  military  duty , and 
the  clear  proceeds  of  all  fines  collected  in  the  several 
counties  for  any  breach  of  the  penal  laws,  shall  be  ex- 
clusively applied,  in  the  several  counties  in  which  such 
money  is  paid  or  fine  collected,  among  the  several 
school  districts  of  said  counties,  in  proportion  to  the 
number  of  youths  subject  to  enumeration  in  such  dis- 
tricts, to  the  support  of  common  schools,  or  the  estab- 
lishment of  libraries,  as  the  Board  of  Education  shall 
from  time  to  time  provide. 

299*  Care  and  Disposal  of  Funds. — Sec.  5.  The 

General  Assembly  shall  take  measures  for  the  protec- 
tion, improvement  or  other  disposition  of  such  lands  as 


EDUCATION  AND  SCHOOL  LANDS 


27I 


have  been  or  may  hereafter  be  reserved,  or  granted  by 
the  United  States,  or  any  person  or  persons,  to  this 
State,  for  the  use  of  the  university,  and  the  funds  accru- 
ing from  the  rents  or  sale  of  such  lands,  or  from  any 
other  source  for  the  purpose  aforesaid,  shall  be,  and  re- 
main, a permanent  fund,  the  interest  of  which  shall  be 
applied  to  the  support  of  said  university,  for  the  promo- 
tion of  literature,  the  arts  and  the  sciences,  as  may  be 
authorized  by  the  terms  of  such  grant.  And  it  shall  be 
the  duty  of  the  General  Assembly  as  soon  as  may  be  to 
provide  effectual  means  for  the  improvement  and  per- 
manent security  of  the  funds  of  said  university. 

The  agricultural  grants  were  made  five  years  after 
this  Constitution  went  into  effect.  Notice  that  only 
the  interest  on  the  proceeds  of  the  sale  of  lands,  and 
the  rent  of  the  lands  unsold,  can  be  used ; the  princi- 
pal must  remain  a permanent  fund  effectually  pro- 
tected from  fraud  by  Article  VII.,  Section  3. 

300.  Agents  and  Distribution. — Sec.  6.  The  finan- 
cial agents  of  the  school  fund  shall  be  the  same  that  by 
law  receive  and  control  the  State  and  county  revenue 
for  other  civil  purposes,  under  such  regulations  as  may 
be  provided  by  law. 

The  State  and  county  auditors  have  charge  of  the 
school  funds,  and  distribute  the  income  as  provided 
below. 

Sec.  7.  The  money  subject  to  the  support  and  main- 
tenance of  common  schools  shall  be  distributed  to  the 
districts  in  proportion  to  the  number  of  youths  between 
the  ages  of  five  and  twenty-one  years,  in  such  manner 
as  may  be  provided  by  the  General  Assembly. 

The  secretary  of  the  school  board  in  each  district 
makes  every  year  an  enumeration  of  all  persons  be- 
tween the  ages  of  five  and  twenty-one  years,  which 
serves  as  the  basis  for  the  distribution  of  school  funds. 


272 


CIVIL  GOVERNMENT  OF  IOWA 


301.  Outline  Study.— School  Funds  and  School 

Lands:  Their  control  and  management,  Article  IX., 

Part  II.,  Section  I. 

Land  grants  of  the  United  States, 

By  ordinance  of  1785, 

For  common  schools, 

For  universities. 

By  act  of  Congress  in  1848, 

For  common  schools. 

By  act  of  Congress  in  1841, 

Effect  on  Iowa. 

Swamp  lands,  1849,  1850  and  1860. 

By  act  of  1862. 

For  agricultural  colleges. 

Protection  of  the  university  lands,  Sec.  2. 

Enumeration  of  several  aids  to  schools,  Sec.  2-Sec.  4. 

Further  protection  of  school  funds,  Sec.  5.  / 

Agents  of  school  funds,  Sec.  6. 

Distribution  of  same,  Sec.  7. 

302.  Amendments  to  the  Constitution. — Article 
X.,  Section  1.  Any  amendment  or  amendments  to  this 
Constitution  may  be  proposed  in  either  house  of  the 
General  Assembly;  and  if  the  same  shall  be  agreed  to  by 
a majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  shall  be  entered  on 
their  journals,  with  the  yeas  and  nays  taken  thereon, 
and  referred  to  the  Legislature  to  be  chosen  at  the  next 
general  election,  and  shall  be  published,  as  provided  by 
law,  for  three  months  previous  to  the  time  of  making 
such  choice,  and  if,  in  the  General  Assembly  so  next 
chosen  as  aforesaid,  such  proposed  amendment  or 
amendments  shall  be  agreed  to  by  a majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the 
duty  of  the  General  Assembly  to  submit  such  proposed 
amendment  or  amendments  to  the  people,  in  such 
manner  and  at  such  time  as  the  General  Assembly  shall 
provide;  and  if  the  people  shall  approve  and  ratify  such 
amendment  or  amendments,  by  a majority  of  the 
electors  qualified  to  vote  for  members  of  the  General 
Assembly,  voting  thereon,  such  amendment  or  amend- 


EDUCATION  AND  SCHOOL  LANDS 


273 


ments  shall  become  a part  of  the  Constitution  of  this 
State. 

A constitution  should  contain  only  the  fundamental 
law  upon  which  all  parties  are  agreed  and  then  it  should 
not  be  often  or  easily  amended.  Political  parties  may 
be  opposed  touching  statutory  law,  but  such  laws  may 
be  repealed  by  the  next  General  Assembly.  All 
parties  should  be  equally  cordial  in  their  support  of 
the  constitution.  There  is  a very  questionable  tend- 
ency of  late  years  toward  introducing  into  new  State 
constitutions  matters  on  which  there  is  apt  to  be  much 
difference  of  public  opinion,  and  which  ought  rather 
to  be  controlled  by  statutes  subject  to  legislative 
repeal.  In  our  own  State  the  method  of  securing  an 
amendment  is  such  as  to  protect  the  constitution 
against  any  hasty  action.  The  prohibitory  amendment 
of  1882,  although  it  was  endorsed  by  a majority  of 
30,000  votes,  failed  to  become  a part  of  the  constitu- 
tion because  of  a clerical  error  in  copying.  (See  note 
on  Art  I.,  Sec.  26.)  Notice  the  requirement  to  publish 
the  proposed  amendment  after  it  has  passed  the 
General  Assembly,  so  that  the  people  may  know  its 
nature,  and  elect  such  members  to  the  next  General 
Assembly  as  shall  carry  out  their  desire  touching  the 
amendment. 

Sec.  2.  If  two  or  more  amendments  shall  be  sub- 
mitted at  the  same  time,  they  shall  be  submitted  in  such 
manner  that  the  electors  shall  vote  for  or  against  each 
of  such  amendments  separately. 

This  is  to  prevent  confusion  and  to  secure  a clear 
expression  of  the  will  of  the  voters. 

303.  Revision. — Sec.  3.  At  the  general  election  to 
be  held  in  the  year  one  thousand  eight  hundred  and 


274 


CIVIL  GOVERNMENT  OF  IOWA 


seventy,  and  in  each  tenth  year  thereafter,  and  also  at 
such  times  as  the  General  Assembly  may,  by  law,  pro- 
vide, the  question,  “ Shall  there  be  a convention  to 
revise  the  Constitution,  and  amend  the  same?”  shall  be 
decided  by  the  electors  qualified  to  vote  for  members  of 
the  General  Assembly;  and  in  case  a majority  of  the 
electors  so  qualified,  voting  at  such  election  for  and 
against  such  proposition,  shall  decide  in  favor  of  a con- 
vention for  such  purpose,  the  General  Assembly,  at  its 
next  session,  shall  provide  by  law  for  the  election  of 
delegates  to  such  convention, 

This  provision  gives  the  people  a chance  to  revise 
the  constitution  once  in  ten  years. 

The  Constitution  of  Iowa  was  amended  in  1868  by 
striking  out  the  word  “ white,”  where  its  presence  con- 
flicted with  the  XIV.  and  XV.  amendments  to  the  Con- 
stitution of  the  United  States.  In  1880  the  word 
“ white  ” was  by  amendment  stricken  from  qualifica- 
tions of  senators  and  representatives.  In  1884,  amend- 
ments 1,  2,  3,  and  4 were  passed : 

(1)  Changing  the  time  of  the  general  election  to  conform  with  the 
date  set  by  the  general  government  for  the  choice  of  presi- 
dential electors. 

(2)  Altering  provisions  for  changing  and  reorganizing  judicial 
districts. 

(3)  Touching  the  grand  jury  and  providing  for  the  possibility  of 
its  being  abolished. 

(4)  Substituting  a county  attorney  for  the  district  attorney. 

In  1904  amendments  were  adopted  providing  for 
biennial  elections,  and  making  new  provisions  as  to  the 
number  and  apportionment  of  State  senators  and  repre- 
sentatives (247,  248,  249). 

304-  Outline  Study. 

Amendments, 

Proposed,  Sec.  1. 

By  whom. 

Vote  necessary. 


EDUCATION  AND  SCHOOL  LANDS 


275 


Advertised. 

When, 

How. 

Endorsed  by  whom, 

Vote  necessary. 

Submitted, 

To  whom. 

Ratified, 

By  whom, 

Vote  necessary. 

Provision  for  several  amendments  at  once,  Sec.  2. 

Provision  for  periodic  revision  of  the  Constitution,  Sec.  3. 

305.  Miscellaneous. — Article  XI.,  Section  1.  Juris- 
diction. The  jurisdiction  of  justices  of  the  peace  shall 
extend  to  all  civil  cases  (except  cases  in  chancery,  and 
cases  where  the  question  of  title  to  real  estate  may  arise), 
where  the  amount  in  controversy  does  not  exceed  one 
hundred  dollars,  and  by  the  consent  of  parties  may  be 
extended  to  any  amount  not  exceeding  three  hundred 
dollars. 

The  subject  matter  of  this  section  has  already  been 
considered  under  local  government. 

306.  Size  of  New  Counties. — Sec.  2.  No  new 
county  shall  be  hereafter  created  containing  less  than 
four  hundred  and  thirty-two  square  miles;  nor  shall  the 
territory  of  any  organized  county  be  reduced  below  that 
area;  except  the  county  of  Worth,  and  the  counties  west 
of  it,  along  the  northern  boundary  of  this  State,  may  be 
organized  without  additional  territory. 

This  insures  a county  of  twenty-four  miles  by  eight- 
een miles,  containing  twelve  Congressional  townships. 

307.  Debt  Limits  of  Political  Corporations. — Sec. 
3.  No  county,  or  other  political  or  municipal  corpor- 
ations, shall  be  allowed  to  become  indebted  in  any 
manner,  or  for  any  purpose,  to  an  amount,  in  the  aggre- 
gate, exceeding  five  per  centum  of  the  value  of  the 
taxable  property  within  such  county  or  corporation — to 
be  ascertained  by  the  last  State  and  county  tax  lists, 
previous  to  the  incurring  of  such  indebtedness. 


2j6  CIVIL  GOVERNMENT  OF  IOWA 

Restriction  is  here  placed  on  the  legal  indebtedness 
of  counties  and  cities,  just  as  a check  was  put  upon 
State  indebtedness  in  Article  VII.  This  does  not 
necessarily  restrict  the  tax  rate  to  five  per  cent,  but 
applies  to  the  amount  of  debt  incurred. 

308.  State  Boundaries. — Sec.  4.  The  boundaries 
of  this  State  may  be  enlarged  with  the  consent  of  Con- 
gress and  the  General  Assembly. 

The  enlarging  of  the  boundaries  of  Iowa  would 
encroach  upon  the  territory  of  some  other  State,  and 
would  require  the  consent  of  that  State  as  well  as  of 
Iowa  and  Congress.  (United  States  Constitution,  Art. 
IV.,  Sec.  3.) 

309.  Oath  of  Office. — Sec.  5.  Every  person  elected 
or  appointed  to  any  office  shall,  before  entering  upon 
the  duties  thereof,  take  an  oath  or  affirmation  to  support 
the  Constitution  of  the  United  States,  and  of  this  State, 
and  also  an  oath  of  office. 

The  Constitution  of  the  United  States  requires  this 
oath.  (Constitution  of  the  United  States,  Art.  VI., 
Sec.  3.) 

310.  Vacancies. — Sec.  6.  In  all  cases  of  elections 
to  fill  vacancies  in  office,  occuring  before  the  expiration 
of  a full  term,  the  person  so  elected  shall  hold  for  the 
residue  of  the  unexpired  term;  and  all  persons  appointed 
to  fill  vacancies  in  office  shall  hold  until  the  next 
general  election,  and  until  their  successors  are  elected 
and  qualified. 

Sec.  7.  The  General  Assembly  shall  not  locate  any 
of  the  public  lands  which  have  been  or  may  be  granted 
by  Congress  to  this  State,  and  the  location  of  which 
may  be  given  to  the  General  Assembly,  upon  lands 
actually  settled,  without  the  consent  of  the  occupant. 
The  extent  of  the  claim  of  such  occupant,  so  exempted, 
shall  not  exceed  three  hundred  and  twenty  acres. 

Sec.  8.  The  seat  of  government  is  hereby  perma- 
nently established,  as  now  fixed  by  law,  at  the  city  of  Des 


EDUCATION  AND  SCHOOL  LANDS 


277 


Moines,  in  the  county  of  Polk;  and  the  State  University 
at  Iowa  City,  in  the  county  of  Johnson. 

311.  Schedule. — The  following  schedule  provid- 

ing for  transition  from  the  old  to  the  new  Constitution 
is  inserted  simply  as  a part  of  the  Constitution,  and 
for  reference. 

Article  XII. — Schedule.  Section  1.  The  Constitution  shall  be 
the  supreme  law  of  the  State,  and  any  law  inconsistent  therewith 
shall  be  void.  The  General  Assembly  shall  pass  all  laws  necessary  to 
carry  this  Constitution  into  effect. 

Sec.  2.  All  laws  now  in  force  and  not  inconsistent  with  this  Con- 
stitution shall  remain  in  force  until  they  shall  expire  or  be  repealed. 

Sec.  3.  All  indictments,  prosecutions,  suits,  pleas,  plaints,  processes, 
and  other  proceedings  pending  in  any  of  the  courts,  shall  be  prose- 
cuted to  final  judgment  and  execution;  and  all  appeals,  writs  of 
error,  certiorari,  and  injunctions,  shall  be  carried  on  in  the  several 
courts,  in  the  same  manner  as  now  provided  by  law;  and  all  offenses, 
misdemeanors,  and  crimes  that  may  have  been  committed  before  the 
taking  effect  of  this  Constitution  shall  be  subject  to  indictment,  trial 
and  punishment,  in  the  same  manner  as  they  would  have  been  had 
not  this  Constitution  been  made. 

Sec.  4.  All  fines,  penalties,  or  forfeitures  due,  or  to  become  due, 
or  accruing  to  the  State,  or  to  any  county  therein,  or  to  the  school 
fund,  shall  inure  to  the  State,  county  or  school  fund  in  the  manner 
prescribed  by  lav/. 

Sec.  5.  All  bonds  executed  to  the  State,  or  to  any  officer  in  his 
official  capacity,  shall  remain  in  force  and  inure  to,  use  of  those 
concerned. 

Sec.  6.  The  first  election  uuder  this  Constitution  shall  be  held  on 
the  second  Tuesday  in  October,  in  the  year  one  thousand  eight  hun- 
dred) and  fifty  seven,  at  which  time  the  electors  of  the  State  shall 
elect  the  governor  and  lieutenant-governor.  There  shall  also  be 
elected  at  such  election  the  successors  of  such  State  Senators  as  were 
elected  at  the  August  election,  in  the  year  one  thousand  eight  hun- 
dred and  fifty  four,  and  members  of  the  House  of  Representatives, 
who  shall  be  elected  in  accordance  with  the  act  of  apportionment 
enacted  at  the  session  of  the  General  Assembly  which  commenced  on 
the  first  Monday  of  December,  one  thousand  eight  hundred  and 
fifty-six. 

Sec.  7.  The  first  election  for  secretary,  auditor,  and  treasurer  of 
State,  attorney-general,  district  judges,  members  of  the  board  of  educa- 
tion, district  attorneys,  members  of  Congress,  and  such  State  officers  as 
shall  be  elected  at  the  April  election,  in  the  year  one  thousand  eight 
hundred  and  fifty-seven  (except  the  superintendent  of  public  instruc- 
tion), and  such  county  officers  as  were  elected  at  the  August  election, 
in  the  year  one  thousand  eight  hundred  and  fifty-six,  except  prose- 
cuting attorneys,  shall  be  held  on  the  second  Tuesday  of  October,  one 
thousand  eight  hundred  and  fifty-eight:  Provided,  That  the  time  for 


278 


CIVIL  GOVERNMENT  OF  IOWA 


which  any  district  judge  or  other  State  or  county  officer  elected  at  the 
April  election  in  the  year  one  thousand  eight  hundred  and  fifty-eight 
shall  not  extend  beyond  the  time  fixed  for  filling  like  offices  at  the 
October  election,  in  the  year  one  thousand  eight  hundred  and  fifty- 
eight. 

Sec.  8.  The  first  election  for  judges  of  the  Supreme  Court,  and 
such  county  officers  as  shall  be  elected  at  the  August  election,  in  the 
year  one  thousand  eight  hundred  and  fifty-seven,  shall  be  held  on  the 
second  Tuesday  of  October,  in  the  year  one  thousand  eight  hundred 
and  fifty-nine. 

Sec.  9.  The  first  regular  session  of  the  General  Assembly  shall  be 
held  in  the  year  one  thousand  eight  hundred  and  fifty-eight,  com- 
mencing on  the  second  Monday  of  January  of  said  year. 

Sec.  10.  Senators  elected  at  the  August  election,  in  the  year  one 
thousand  eight  hundred  and  fifty-six,  shall  continue  in  office  until  the 
second  Tuesday  of  October,  in  the  year  one  thousand  eight  hundred 
and  fifty-nine,  at  which  time  their  successors  shall  be  elected  as  may 
be  prescribed  by  law. 

Sec.  11.  Every  person  elected  by  popular  vote,  by  a vote  of  the 
General  Assembly,  or  who  may  hold  office  by  executive  appointment, 
which  office  is  continued  by  this  Constitution,  and  every  person  who 
shall  be  so  elected  or  appointed  to  any  such  office  before  the  taking 
effect  of  this  Constitution  (except  as  in  this  Constitution  otherwise 
provided),  shall  continue  in  office  until  the  term  for  which  such  per- 
son has  been  or  may  be  elected  or  appointed  shall  expire;  but  no  such 
person  shall  continue  in  office  after  the  taking  effect  of  this  Constitu- 
tion, for  a longer  period  than  the  term  of  such  office  in  this  Consti- 
tution prescribed. 

Sec.  12.  The  General  Assembly,  at  the  first  session  under  this 
Constitution,  shall  district  the  State  into  eleven  judicial  districts,  for 
district  court  purposes,  and  shall  also  provide  for  the  apportionment 
of  the  members  of  the  General  Assembly  in  accordance  with  the  pro- 
visions of  this  Constitution. 

Sec.  13.  This  Constitution  shall  be  submitted  to  the  electors  of  the 
State  at  the  August  election,  in  the  year  one  thousand  eight  hundred 
and  fifty-seven,  in  the  several  election  districts  in  this  State.  The 
ballots  at  such  election  shall  be  written  or  printed  as  follows:  Those 

in  favor  of  the  Constitution,  “New  Constitution — Yes.”  Those 
against  the  Constitution,  “ New  Constitution — No.”  The  election  shall 
be  conducted  in  the  same  manner  as  the  general  elections  of  the 
State,  and  the  poll-books  shall  be  returned  and  canvassed  as  provided 
in  the  twenty-fifth  chapter  of  the  Code,  and  abstracts  shall  be  for- 
warded to  the  Secretary  of  State,  which  abstracts  shall  be  canvassed 
in  the  manner  provided  for  the  canvass  of  State  officers.  And  if  it 
shall  appear  that  a majority  of  all  the  votes  cast  at  such  election  for 
and  against  this  Constitution  are  in  favor  of  the  same,  the  Governor 
shall  immediately  issue  his  proclamation  stating  that  fact,  and  such 
Constitution  shall  be  the  Constitution  of  the  State  of  Iowa,  and  shall 
take  effect  from  and  after  the  publication  of  said  proclamation. 

Sec.  14.  At  the  same  election  that  this  Constitution  is  submitted 
to  the  people  for  its  adoption  or  rejection,  a proposition  to  amend  the 
same  by  striking  out  the  word  “white”  from  the  article  on  the  Right 


EDUCATION  AND  SCHOOL  LANDS 


279 


of  Suffrage  shall  be  separately  submitted  to  the  electors  of  this  State 
for  adoption  or  rejection  in  the  manner  following — Namely : A 
separate  ballot  may  be  given  by  every  person  having  a right  to  vote 
at  said  election,  to  be  deposited  in  a separate  box ; and  those  given 
for  the  adoption  of  each  proposition  shall  have  the  words,  “ Shall  the 
word  ‘white’  be  stricken  out  of  the  article  on  the  Right  of  Suffrage? 
Yes.”  And  those  given  against  the  proposition  shall  have  the  words, 
“ Shall  the  word  ‘white’  be  stricken  out  of  the  article  on  the  Right 
of  Suffrage?  No.”  And  if  at  said  election  the  number  of  ballots 
cast  in  favor  of  said  proposition  shall  be  equal  to  the  majority  of 
those  cast  for  and  against  this  Constitution,  then  said  word  ‘‘white” 
shall  be  stricken  from  said  article  and  be  no  part  thereof. 

Sec.  15.  Until  otherwise  directed  by  law,  the  County  of  Mills 
shall  be  in  and  a part  of  the  Sixth  Judicial  District  of  this  State. 

(Amendment.)  Sec.  16.  The  first  general  election  after  the  adop- 
tion of  this  amendment  shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  in  November  in  the  year  one  thousand  nine  hundred 
and  six,  and  general  elections  shall  be  held  biennially  thereafter.  In 
the  year  one  thousand  nine  hundred  and  six  there  shall  be  elected  a 
governor,  lieutenant-governor,  secretary  of  State,  auditor  of  State, 
treasurer  of  State,  attorney-general,  two  Judges  of  the  Supreme 
Court,  the  successors  of  the  Judges  of  the  District  Court  whose 
terms  of  office  expire  on  December  31st,  one  thousand  nine  hundred 
and  six,  State  senators  who  would  otherwise  be  chosen  in  the  year 
one  thousand  nine  hundred  and  five,  and  members  of  the  House  of 
Representatives.  The  terms  of  office  of  the  Judges  of  the  Supreme 
Court  which  would  otherwise  expire  on  December  31st  in  odd- 
numbered  years,  and  all  Other  elective  State,  county  and  township 
officers  whose  terms  of  office  would  otherwise  expire  in  January  in 
the  year  one  thousand  nine  hundred  and  six,  and  members  of  the 
General  Assembly  whose  successors  would  otherwise  be  chosen  at 
the  general  election  in  the  year  one  thousand  nine  hundred  and  five, 
are  hereby  extended  one  year  and  until  their  successors  are  elected 
and  qualified.  The  terms  of  office  of  senators  whose  successors 
would  otherwise  be  chosen  in  the  year  one  thousand  nine  hundred 
and  seven  are  hereby  extended  one  year  and  until  their  successors 
are  elected  and  qualified.  The  General  Assembly  shall  make  such 
changes  in  the  law  governing  the  time  of  election  and  terms  of  office 
of  all  other  elective  officers  as  shall  be  necessary  to  make  the  time  of 
their  election  and  terms  of  office  conform  to  this  amendment,  and 
shall  provide  which  of  the  Judges  of  the  Supreme  Court  shall  serve 
as  Chief  Justice.  The  General  Assembly  shall  meet  in  regular  session 
on  the  second  Monday  in  January,  in  the  year  one  thousand  nine 
hundred  and  six,  and  also  on  the  second  Monday  in  January  in  the 
year  one  thousand  nine  hundred  and  seven,  and  biennially  thereafter. 

(Sec.  16  is  an  amendment  adopted  at  the  general  election  of 
1904.  Before  that  time  there  was  a general  election  every  year, 
some  officers  being  elected  in  the  odd-numbered  years  and  some  in 
the  even-numbered  years.) 


280 


CIVIL  SERVICE  IN  IOWA 


Done  in  convention  at  Iowa  City  this  fifth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-seven,  and  of 
the  Independence  of  the  United  States  of  America,  the  eighty-first. 
In  testimony  whereof  we  have  hereunto  subscribed  our  names. 


Timothy  Day, 

S.  G.  Winchester, 
David  Bunker, 

D.  P.  Palmer, 

Geo.  W.  Ells, 

J.  C.  Hall, 

John  H.  Peters, 

Wm.  H.  Warren, 

H.  W.  Gray, 

Robt.  Gower, 

H.  D.  Gibson, 
Thomas  Seeley, 

A.  H.  Marvin, 

J.  H.  Emerson, 

R.  L.  B.  Clarke, 
James  A.  Young, 

D.  H.  Solomon, 

Francis 


M.  W.  Robinson, 
Lewis  Todhunter, 
John  Edwards, 

J.  C.  Traer, 

James  F.  Wilson, 
Amos  Harris, 

John  T.  Clarke, 

S.  Ayres, 

Harvey  J . Skiff, 

J.  A.  Parvin, 

W.  Penn  Clark, 
Jere.  Hollingsworth, 
Wm.  Patterson, 

D.  W.  Price, 
Alpheus  Scott, 
George  Gillaspy, 
Edward  Johnstone, 
Springer,  President . 


Attest  : 


Th.  J.  Saunders,  Secretary. 

E.  N.  Bates,  Assistant  Secretary. 


TOPIC  FOR  FURTHER  STUDY. 


The  subject  of  Educational  Land  Grants  is  not  gen- 
erally well  understood.  A study  of  the  article  in  the 
Report  of  the  Commissioner  of  Education  for  1892  and 
’93,  Vol.  II.,  pp.  1268-1283,  and  of  the  same  subject 
as  treated  in  Dr.  Hinsdale’s  The  Old  Northwest,  will 
correct  several  mistakes  very  common  among  teachers. 
The  Act  of  July  23,  1787,  is  often  confused  with  the 
great  Ordinance  of  1787,  and  the  latter  makes  no  such 
dedication  of  land.  Even  the  Act  of  July  23  was  per- 
missory  rather  than  mandatory,  and  the  actual  educa- 
tional land  grants  have  been  made  by  special  acts,  and 
not  by  any  single  grant  for  all  States. 


PART  III. 


The  Government  of  the  United  States. 


CHAPTER  XXIII. 

THE  MAKING  OF  THE  GOVERNMENT. 

The  American  Government.  Sections  66-222  inclusive. 

The  United  States,  both  as  forty-six  individual  States 
and  as  a Nation,  are  an  outgrowth  of  the  Thirteen  Eng- 
lish Colonies  planted  on  the  eastern  shore  of  North 
America  in  the  years  1607-1732.  The  process  by  which 
this  change  was  effected,  will  be  briefly  described  in  this 
chapter. 

3 1 2.  The  Colonial  Governments. — The  Kings  of 
England  gave  to  the  companies,  proprietors,  and 
associations  that  planted  the  Colonies  certain  political 
powers  and  rights.  These  powers  and  rights  were 
formally  granted  in  documents  called  charters  and 
patents;  they  were  duly  protected  by  regular  govern- 
ments, and  so  became  the  possession  of  the  people 
of  the  Colonies.  While  differing  in  details,  these 
governments  were  alike  in  their  larger  features.  There 
was  in  every  Colony  (1)  an  Assembly  or  popular  house  of 
legislation;  (2)  a Council,  which  served  as  an  upper 
house  of  legislation  in  most  of  the  Colonies  and  as  an 

281 


282  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

advisory  body  to  the  governor  in  all  of  them;  (3)  a Gov- 
ernor, and  (4)  Courts  of  Law.  The  members  of  the  as- 
sembly were  chosen  by  the  qualified  voters.  The  mem- 
bers of  the  council  and  the  governors  were  elected  by 
the  people  in  Connecticut  and  Rhode  Island,  and  were 
appointed  by  the  proprietors  in  Maryland  and  Pennsyl- 
vania, and  by  the  king  in  the  other  colonies.  The 
judges  were  generally  appointed  by  the  king  or  his 
representatives.  Powers  of  local  government  were 
distributed  to  local  officers  in  every  Colony. 

3 1 3.  The  Home  Government.  — The  Kings  who 
granted  the  charters  and  patents,  for  themselves  and  their 
descendants,  guaranteed  to  their  subjects  who  should 
settle  in  the  Colonies  and  their  children,  all  liberties, 
franchises,  and  immunities  of  free  denizens  and  native 
subjects  within  the  realm  of  England.  Previous  to  the 
troubles  that  led  to  the  Revolution,  the  Home  govern- 
ment commonly  left  the  Colonies  practically  alone  as  free 
'states  to  govern  themselves  in  their  own  way.  Still 
they  were  colonies.  The  charters  enjoined  them  not  to 
infringe  the  laws  of  England,  and  Parliament  passed  an 
act  expressly  declaring  that  all  laws,  by-laws,  usages, 
and  customs  which  should  be  enforced  in  any  of  them 
contrary  to  any  law  made,  or  to  be  made,  in  England 
relative  to  said  Colonies,  should  be  utterly  void  and  of 
none  effect.  Moreover,  the  power  to  decide  what  was 
so  contrary  the  Home  government  retained  in  its  own 
hands. 

3 1 4.  Dual  Government.— Thus  from  the  very  begin- 
ning the  Colonies  were  subject  to  two  political  authorities; 
one  their  own  Colonial  governments,  the  other  the  Crown 
and  Parliament  of  England.  In  other  words,  govern- 
ment was  double,  partly  local  and  partly  general.  This 
fact  should  be  particularly  noted,  for  it  is  the  hinge  upon 


THE  MAKING  OF  THE  GOVERNMENT. 


283 


which  our  present  dual  or  federal  system  of  government 
turns.  The  American,  therefore,  as  has  been  said,  has 
always  had  two  loyalties  and  two  patriotisms. 

3 1 5.  Division  of  Authority. — In  general,  the  line 
that  separated  the  two  jurisdictions  was  pretty  plainly 
marked.  It  had  been  traced  originally  in  the  charters  and 
patents,  and  afterwards  usage,  precedent,  and  legislation 
served  to  render  it  the  more  distinct.  The  Colonial  gov- 
ernments looked  after  purely  Colonial  matters;  the  Home 
government  looked  after  those  matters  that  affected 
the  British  Empire.  The  Colonies  emphasized  one  side 
of  the  double  system,  the  King  and  Parliament  the 
other  side.  There  were  frequent  disagreements  and 
disputes;  still  the  Colonists  and  the  Mother  Country 
managed  to  get  on  together  with  a good  degree  of  har- 
mony until  Parliament,  by  introducing  a change  of 
policy,  brought  on  a conflict  that  ended  in  separa- 
tion. 

3 ( 6.  Causes  of  Separation. — The  right  to  impose 
and  collect  duties  on  imports  passing  the  American  cus- 
tom houses,  the  Home  government  had  from  the  first  as- 
serted and  the  Colonies  conceded.  But  local  internal 
taxation  had  always  been  left  to  the  Colonial  legislatures. 
Beginning  soon  after  1760,  or  about  the  close  of  the  war 
with  France,  which  had  left  the  Mother  Country  burdened 
with  a great  debt,  Parliament  began  to  enforce  such 
taxes  upon  the  people  directly.  These  taxes  the  Colonies 
resisted  on  the  ground  that  they  were  imposed  by  a 
body  in  which  they  were  not  represented  or  their  voice 
heard.  Taxation  without  representation  they  declared 
to  be  tyranny.  At  the  same  time,  the  acts  relative  to 
American  navigation  were  made  more  rigorous,  and 
vigorous  measures  were  taken  to  enforce  them.  In 
the  meantime  the  Colonies  had  greatly  increased  in 


284  THE  government  of  the  united  states. 

numbers  and  in  wealth,  and  the  idea  began  to  take  root 
that  such  a people,  inhabiting  such  a country,  could  not 
permanently  remain  dependent  upon  England  but  must 
become  an  independent  power.  The  Stamp  tax  was 
one  of  the  objectionable  taxes. 

3 I 7.  Independence. — The  Home  government  dropped 
or  changed  some  of  its  obnoxious  measures,  but  still 
adhered  to  its  chosen  policy.  New  and  more  obnoxious 
measures  were  adopted,  as  the  Massachusetts  Bay  Bill 
and  the  Boston  Port  Bill.  The  Congresses  of  1765  and 
1774  protested,  but  to  no  real  purpose.  Some  of  the 
Colonies,  like  Massachusetts,  began  to  take  measures 
looking  to  their  defense  against  aggression;  and  the 
attempt  of  General  Gage,  commanding  the  British 
army  in  Boston,  to  counteract  these  measures  led  to  the 
battle  of  Lexington,  April  19,  1775,  and  immediately 
brought  on  the  Revolutionary  war.  All  attempts  at 
composing  the  differences  failing,  and  the  theater  of  war 
continuing  to  widen,  the  American  Congress,  on  July  4, 
1776,  cut  the  ties  that  bound  the  Thirteen  Colonies  to 
England.  After  eight  years  of  war  the  British  govern- 
ment acknowledged  American  Independence. 

3 fi  8.  The  Political  Effects  of  Independence. — The 
Declaration  of  Independence  involved  two  facts  of  the 
greatest  importance.  One  was  the  declaration  that  the 
Colonies  were  free  and  independent  States,  absolved  from 
all  allegiance  to  the  British  crown.  The  other  was  the 
formation  of  the  American  Union.  The  original  members 
of  the  Union  as  States  and  the  Union  itself  were  due  to  the 
same  causes.  The  language  of  the  Declaration  is,  “We, 

the  representatives  of  the  United  States  of  America, 

in  general  congress  assembled,  . . . do,  in  the  name, 

and  by  the  authority,  of  the  good  people  of  these  Colo- 
nies, solemnly  publish  and  declare”  their  independence. 


THE  MAKING  OF  THE  GOVERNMENT. 


285 


The  States  took  their  separate  position  as  a nation 
among  the  powers  of  the  earth.  Thus,  before  the  Rev- 
olution there  were  Colonies  united  politically  only  by 
their  common  dependence  upon  England;  since  the 
Revolution  there  have  been  States  united  more  or  less 
closely  in  one  federal  state  or  union. 

3 1 9.  The  Continental  Congress. — The  body  that  put 
forth  the  Declaration  of  Independence,  known  in  history 
as  the  Continental  Congress,  had,  in  1775,  assumed  con- 
trol of  the  war  in  defense  of  American  rights.  It  had 
adopted  as  a National  army  the  forces  that  had  gathered  at 
Boston,  had  made  Washington  its  commander-in-chief, 
and  had  done  still  other  things  that  only  governments 
claiming  nationality  can  do.  And  so  it  continued  to  act. 
First  the  American  people,  and  afterwards  foreign  gov- 
ernments, recognized  the  Congress  as  a National  govern- 
ment. But  it  was  a revolutionary  government,  resting 
upon  popular  consent  or  approval,  and  not  upon  a writ- 
ten constitution.  A government  of  a more  regular  and  per- 
manent form  was  called  for,  and  to  meet  this  call  Con- 
gress, in  1777,  framed  a written  constitution  to  which  was 
given  the  name,  “Articles  of  Confederation  and  Perpet- 
ual Union.”  Still  Congress  had  no  authority  to  give  this 
constitution  effect,  and  could  only  send  it  to  the  States 
and  ask  them  for  their  ratifications.  Some  delay  ensued, 
and  it  was  not  until  March  1,  1781,  that  the  last  ratifica- 
tion was  secured  and  the  Articles  went  into  operation. 

320.  The  Confederation. — The  government  that  the 
Articles  provided  for  was  very  imperfect  in  form.  It  con- 
sisted of  but  one  branch,  a legislature  of  a single  house 
called  Congress.  Such  executive  powers  as  the  Govern- 
ment possessed  were  vested  in  this  body.  The  States  ap- 
pointed delegates  in  such  manner  as  they  saw  fit,  and  had 
an  equal  voice  in  deciding  all  questions.  Nine  States  were 


286  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

necessary  to  carry  the  most  important  measures,  and  to 
amend  the  Articles  required  unanimity.  In  powers  the 
Government  was  quite  as  defective  as  in  form.  It  could 
not  enforce  its  own  will  upon  the  people,  but  was  wholly 
dependent  upon  the  States.  It  could  not  impose  taxes 
or  draft  men  for  the  army,  but  only  call  upon  the  States 
for  money  and  men  ; and  if  the  States  refused  to  furnish 
them,  which  they  often  did,  Congress  had  no  remedy. 
Much  of  the  disaster  and  distress  attending  the  war 
grew  out  of  the  weakness  of  Congress,  and  when  peace 
came,  the  States  became  still  more  careless,  while  Con- 
gress became  weaker  than  ever.  Meantime  the  state  of 
the  country  was  as  unsatisfactory  as  that  of  the  Govern- 
ment. The  State  governments  were  efficient,  but  they 
looked  almost  exclusively  to  their  own  interests.  Com- 
mercial disorder  and  distress  prevailed  throughout  the 
country.  As  early  therefore  as  1785  the  conviction  was 
forcing  itself  upon  many  men’s  minds  that  something 
must  be  done  to  strengthen  the  Government  or  the  Union 
would  fall  to  pieces. 

32  i . Calling  of  the  Federal  Convention. — In  1785 
Commissioners  representing  Virginia  and  Maryland  met 
at  Alexandria,  in  the  former  State,  to  frame  a compact 
concerning  the  navigation  of  the  waters  that  were 
common  to  the  two  States.  They  reported  to  theii 
respective  Legislatures  that  the  two  States  alone  could 
do  nothing,  but  that  general  action  was  necessary.  The 
next  year  commissioners  representing  five  States  met  at 
Annapolis  to  consider  the  trade  of  the  country,  and 
these  commissioners  concluded  that  nothing  could  be 
done  to  regulate  trade  separate  and  apart  from  other 
general  interests.  So  they  recommended  that  a general 
convention  should  be  held  at  Philadelphia  to  consider 
the  situation  of  the  United  States,  to  devise  further  pro- 


THE  MAKING  OF  THE  GOVERNMENT. 


287 


visions  to  render  the  Articles  of  Confederation  adequate 
to  the  needs  of  the  Union,  and  to  recommend  action  that, 
when  approved  by  Congress  and  ratified  by  the  State 
Legislatures,  would  effectually  provide  for  the  same. 
This  recommendation  was  directed  to  the  Legislatures  of 
the  five  States,  but  copies  of  it  were  sent  to  Congress 
also  and  to  the  Governors  of  the  other  eight  States.  So 
in  February,  1787,  Congress  adopted  a resolution  invit- 
ing the  States  to  send  delegates  to  such  a convention  to 
be  held  in  Philadelphia  in  May  following.  And  the 
Legislatures  of  all  the  States  but  Rhode  Island  did  so. 

322.  The  Constitution  Framed. — On  May  25,  1787. 
the  Convention  organized,  with  the  election  of  Washing- 
ton as  President.  It  continued  in  session  until  September 
17,  when  it  completed  its  work  and  sent  our  present 
National  Constitution,  exclusive  of  the  fifteen  Amend- 
ments, to  Congress.  In  framing  this  document  great 
difficulties  were  encountered.  Some  delegates  favored 
a government  of  three  branches;  others  a government 
of  a single  branch.  Some  delegates  wanted  a legisla- 
ture of  two  houses;  some  of  only  one  house.  Some 
delegates  wished  the  representation  in  the  houses  to 
be  according  to  the  population  of  the  States;  others 
were  determined  that  it  should  be  equal,  as  in  the 
Old  Congress.  Differences  as  to  the  powers  to  be 
exercised  by  Congress  were  equally  serious.  There 
were  also  controverted  questions  as  to  revenue,  the 
control  of  commerce,  the  slave  trade,  and  many 
other  matters.  Furthermore,  the  opinions  that  the  dele- 
gates held  were  controlled  in  great  degree  by  State 
considerations.  The  large  States  wanted  representation 
to  be  according  to  population;  a majority  of  the  small 
ones  insisted  that  it  should  be  equal.  The  commercial 
States  of  the  North  said  Congress  should  control  the 


288  THE  GOVERNMENT  OF  THE  UNITED  STAGES. 

subject  of  commerce,  which  the  agricultural  States  of 
the  South  did  not  favor.  Georgia  and  the  Carolinas 
favored  the  continuance  of  the  slave  trade,  to  which 
most  of  the  other  States  were  opposed.  But  progress- 
ively these  differences  were  overcome  by  adjustment  and 
compromise,  and,  at  the  end,  all  of  the  delegates  who 
remained  but  three  signed  their  names  to  the  Constitu- 
tion, while  all  the  States  that  were  then  represented 
voted  for  its  adoption.  What  had  been  done,  however, 
was  to  frame  a new  constitution  and  not  to  patch  up 
the  old  one.  The  body  that  framed  it  is  called  the  Fed- 
eral Convention. 

323.  The  Constitution  Ratified. — The  Convention 
had  no  authority  to  make  a new  constitution,  but  only  to 
recommend  changes  in  the  old  one.  So  on  the  comple- 
tion of  its  work,  it  sent  the  document  that  it  had  framed 
to  Congress  with  some  recommendations.  One  of  these 
was  that  Congress  should  send  the  Constitution  to  the 
States,  with  a recommendation  that  the  Legislatures 
should  submit  it  to  State  conventions  to  be  chosen 
by  the  people,  for  their  ratification.  Congress  took 
such  action,  and  the  States,  with  the  exception  of 
Rhode  Island,  took  the  necessary  steps  to  carry  out 
the  plan.  Ultimately  every  State  in  the  Union  ratified 
the  Constitution  ; but  North  Carolina  and  Rhode  Island 
did  not  do  so  until  the  new  Government  had  been  some 
time  in  operation.  Nor  was  this  end  secured  in  several 
of  the  other  States,  as  Massachusetts,  New  York,  and 
Virginia,  without  great  opposition. 

324.  Friends  and  Enemies  of  the  Constitution. — 
Those  who  favored  the  ratification  of  the  Constitution 
have  been  divided  into  these  classes:  (1)  Those  who  saw 
that  it  was  the  admirable  system  that  time  has  proved  it 
to  be;  (2)  those  who  thought  it  imperfect  but  still  be- 


THE  MAKING  OF  THE  GOVERNMENT. 


289 


lieved  it  to  be  the  best  attainable  government  under  the 
circumstances;  (3)  the  mercantile  and  commercial  classes 
generally,  who  believed  that  it  would  put  the  industries 
and  trade  of  the  country  on  a solid  basis.  Those  who 
opposed  it  have  been  thus  divided:  (1)  Those  who  re- 
sisted any  enlargement  of  the  National  Government,  for 
any  reason;  (2)  those  who  feared  that  their  importance 
as  politicians  would  be  diminished;  (3)  those  who  feared 
that  public  liberty  and  the  rights  of  the  States  would  be 
put  in  danger;  (4)those  who  were  opposed  to  vigorous 
government  of  any  kind,  State  or  National.1 

325.  The  New  Government  Inaugurated. — The 
new  Constitution  was  to  take  effect  as  soon  as  nine  States 
had  ratified  it,  its  operation  to  be  limited  to  the  number 
ratifying.  When  this  condition  had  been  complied  with, 
the  Continental  Congress  enacted  the  legislation  neces- 
sary to  set  the  wheels  of  the  new  Government  in  motion. 
It  fixed  a day  for  the  appointment  of  Presidential  Elec- 
tors by  the  States,  a day  for  the  Electors  to  meet  and  cast 
their  votes  for  President  and  Vice-President,  and  a day 
for  the  meeting  of  the  new  Congress.  The  day  fixed  upon 
for  Congress  to  meet  was  March  4,  1789;  but  a quorum 
of  the  House  of  Representatives  was  not  secured  until 
April  1,  and  of  the  Senate  not  until  April  6,  owing  to 
various  causes.  On  the  second  of  these  dates  the  Houses 
met  in  joint  convention  to  witness  the  counting  of  the 
Electoral  votes.  Washington  was  declared  elected  Pres- 
ident, John  Adams  Vice-President.  Messengers  were 
at  once  sent  to  the  President-  and  Vice-President-elect 
summoning  them  to  New  York,  which  was  then  the 
seat  of  government.  Here  Washington  was  inaugurated 
April  30.  The  Legislative  and  Executive  branches  of 
the  Government  were  now  in  motion. 


1G.  T.  Curtis:  History  of  the  Constitution , Vol.  II,  pp.  495,496. 


CHAPTER  XXIV. 


AMENDMENTS  MADE  TO  THE  CONSTITUTION. 

The  American  Government . Sections  457-4.60;  467-J+74;  536-557; 

604-607 ; 623-652. 

It  was  anticipated  that  amendments  to  the  Constitu- 
tion would  be  found  necessary,  and  a method  was  ac- 
cordingly provided  for  making  them.  This  method  em- 
braces the  two  steps  that  will  now  be  described. 

326.  Proposing  an  Amendment. — This  may  be  done 
in  either  of  two  ways.  First,  Congress  may  propose  an 
amendment  by  a two-thirds  vote  of  each  House;  sec- 
ondly, Congress  shall,  on  the  application  of  the  Legisla- 
tures of  two-thirds  of  the  States,  call  a convention  of 
the  States  for  that  purpose.  The  first  way  is  evidently 
the  simpler  and  more  direct  of  the  two,  and  it  is  the  one 
that  has  always  been  followed. 

327.  Ratifying  an  Amendment. — This  also  may  be 
done  in  one  of  two  ways.  One  is  to  submit  the  amend- 
ment to  the  Legislatures  of  the  States,  and  it  becomes  a 
part  of  the  Constitution  when  it  is  ratified  by  three- 
fourths  of  them.  The  other  way  is  to  submit  the  amend- 
ment to  conventions  of  the  States,  and  it  becomes  binding 
when  three-fourths  of  such  conventions  have  given  it  their 
approval.  Congress  determines  which  of  the  two  ways 
shall  be  adopted.  The  first  is  the  simpler  and  more 
direct,  and  it  has  been  followed  in  every  instance. 

328.  Amendments  I— X. — One  of  the  principal  ob- 
jections urged  against  the  Constitution  when  its  ratifica- 
tion was  pending  in  1787-88,  was  the  fact  that  it  lacked 
a bill  of  rights.  Such  a bill,  it  may  be  observed,  is  a 

290 


AMENDMENTS  MADE  TO  THE  CONSTITUTION.  2gi 

statement  of  political  principles  and  maxims.  The  States 
had  fallen  into  the  habit  of  inserting  such  bills  in  their 
constitutions.  At  its  first  session,  Congress  undertook  to 
remedy  this  defect.  It  proposed  twelve  amendments,  ten 
of  which  were  declared  duly  ratified,  December  15,  1791. 
These  amendments,  numbered  I to  X,  are  often  spoken 
of  as  a bill  of  rights. 

329.  Amendment  XI. — Article  III  of  the  Constitu- 
tion made  any  State  of  the  Union  suable  by  the  citizens  of 
the  other  States  and  by  citizens  or  subjects  of  foreign 
states.  (See  section  2,  clause  1.)  This  was  obnoxious 
to  some  of  the  States,  and  when  such  citizens  began  to 
exercise  their  right  of  suing  States  a movement  was  set 
on  foot  to  change  the  Constitution  in  this  respect.  An 
amendment  having  this  effect  was  duly  proposed,  and 
was  declared  ratified  January  8,  1798. 

330.  Amendment  XII. — According  to  the  original 
Constitution,  the  members  of  the  Electoral  colleges  cast 
both  their  ballots  for  President  and  neither  one  for  Vice- 
President.  The  rule  was  that  the  candidate  having  most 
votes  should  be  President,  and  the  one  having  the 
next  larger  number  Vice-President,  provided  in  both 
cases  it  was  a majority  of  all  the  Electors.  In  1800  it 
happened  that  Thomas  Jefferson  and  Aaron  Burr  had 
each  an  equal  number  of  votes  and  a majority  of  all. 
The  Democratic-Republican  party,  to  which  they  be- 
longed, had  intended  Jefferson  for  the  first  place  and 
Burr  for  the  second.  The  election  went  to  the  House 
of  Representatives,  and  was  attended  by  great  excite- 
ment. Steps  were  taken  to  prevent  a repetition  of  such 
a dead-lock.  This  was  accomplished  by  an  amendment 
declared  ratified  September  25,  1804. 

33  I . Amendment  XIII. — Slavery  was  the  immediate 
exciting  cause  of  the  Civil  War,  1861-65.  In  the  course 


2g2  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

of  the  war  President  Lincoln,  acting  as  commander-in- 
chief of  the  army  and  navy  of  the  United  States,  declared 
all  the  slaves  held  in  States  and  parts  of  States  that  were 
engaged  in  the  war  against  the  Union  free.  The  other 
Slave  States,  Delaware,  Maryland,  Kentucky,  Tennes- 
see, and  Missouri,  and  parts  of  Louisiana  and  Virginia, 
his  power  did  not  reach  as  they  were  not  in  rebellion. 
The  conviction  grew  strong  throughout  the  country  that 
slavery  should  not  survive  the  war.  This  conviction 
asserted  itself  in  Amendment  XIII,  which  took  effect 
December  18,  1865. 

332.  Amendment  XIV. — At  the  close  of  the  Civil 
War  Congress  was  called  upon  to  deal  with  the  im- 
portant question  of  readjusting  the  States  that  had 
seceded  from  the  Union.  It  was  thought  necessary  to 
incorporate  certain  new  provisions  into  the  Constitution. 
So  an  elaborate  amendment  was  prepared  and  duly  rati- 
fied. It  was  declared  in  force  July  28,  1868.  The  most 
far-reaching  of  the  new  provisions  were  those  in  relation 
to  citizenship  contained  in  the  first  section. 

333.  Amendment  XV. — Down  to  1870  the  States 
had  fixed  the  qualifications  of  their  citizens  for  voting  to 
suit  themselves.  At  that  time  most  of  the  States,  and 
all  of  the  Southern  States,  denied  suffrage  to  the  negroes. 
The  emancipation  of  the  slaves,  together  with  Amend- 
ment XIV,  made  the  negroes  citizens  of  the  United 
States  and  of  the  States  where  they  resided.  But 
the  negroes  had  no  political  power,  and  so  no  direct 
means  of  defending  their  civil  rights.  To  remedy  this 
state  of  things  a new  amendment  was  proposed  and 
ratified,  bearing  the  date  of  March  30,  1870.  It  declared 
that  the  right  of  citizens  to  vote  should  not  be  abridged, 
either  by  the  United  States  or  by  any  State,  on  account 
of  race,  color,  or  previous  condition  of  servitude. 


CHAPTER  XXV. 


THE  SOURCE  AND  NATURE  OF  THE  GOVERNMENT. 

The  American  Government.  Sections  223-262 ; 610-613;  613-620; 

655-658;  773-782. 

The  source  of  the  Government  of  the  United  States, 
and  some  of  its  leading  features,  are  either  stated  or 
suggested  in  the  first  paragraph  of  the  Constitution. 
This  paragraph  is  commonly  called  the  Preamble,  but  it 
is  really  an  enacting  clause,  since  it  gives  the  instrument 
its  whole  force  and  validity. 

334.  The  Preamble.  — “We,  the  people  of  the 
United  States,  in  order  to  form  a more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide  for 
the  common  defense,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  Constitution  for 
the  United  States  of  America.” 

The  following  propositions  are  either  asserted  or  im- 
plied in  this  language  : — 

1.  The  Government  proceeds  from  the  people  of  the 
United  States.  They  ordain  and  establish  it.  It  is 
therefore:  a government  of  the  people,  by  the  people, 
and  for  the  people. 

2.  The  ends  for  which  it  is  ordained  and  established 
are  declared.  It  is  to  form  a more  perfect  union,  estab- 
lish justice,  etc. 

3.  It  is  a constitutional  government.  It  rests  upon  a 
written  fundamental  law.  On  the  one  part  it  is  opposed 

293 


294  THE  government  of  the  united  states. 

to  an  absolute  government,  or  one  left  to  determine  its 
own  powers,  like  that  of  Russia;  and  on  the  other,  it  is 
opposed  to  a government  having  an  unwritten  consti- 
tution, consisting  of  maxims,  precedents,  and  charters, 
like  that  of  England. 

4.  The  terms  Union  and  United  States  suggest  that 
it  is  a federal  government.  The  peculiarity  of  a federal 
state  is  that  local  powers  are  entrusted  to  local  author- 
ities, while  general  powers  are  entrusted  to  general  or 
national  authorities.  How  this  division  of  powers  orig* 
inated,  and  how  it  affected  the  country  in  1785-1789, 
was  pointed  out  in  the  last  chapter.  The  government 
of  a State  has  been  described  in  Part  II.  of  this  work. 
Part  III.  is  devoted  to  the  Government  that  is  over  all 
the  States. 

5.  The  same  terms  suggest  that  the  Government  is 
one  of  enumerated  powers.  It  must  be  remembered 
that  when  the  Constitution  was  framed  thirteen  State 
governments  were  already  in  existence,  and  that  no  one 
dreamed  of  destroying  them  or  of  consolidating  them 
into  one  system.  The  purpose  was  rather  to  delegate 
to  the  new  Government  such  powers  as  were  thought 
necessary  to  secure  the  ends  named  in  the  Preamble, 
and  to  leave  to  the  States  the  powers  that  were  not 
delegated,  unless  the  contrary  was  directly  specified. 

335.  The  Constitution  in  Outline. — The  Constitu- 
tion is  divided  into  seven  Articles,  which  are  again 
divided  into  sections  and  clauses. 

Article  I.  relates  to  the  Legislative  power. 

Article  II.  relates  to  the  Executive  power. 

Article  III.  relates  to  the  Judicial  power. 

Article  IV.  relates  to  several  subjects,  as  the  rights 
and  privileges  of  citizens  of  a State  in  other  States,  the 
surrender  of  fugitives  from  justice,  the  admission  of 


SOURCE  AND  NATURE  OF  THE  GOVERNMENT.  295 

new  States  to  the  Union,  the  government  of  the  National 
territory,  and  a guarantee  of  a republican  form  of 
government  to  every  State. 

Article  V.,  a single  clause,  relates  to  the  mode  of 
amending  the  Constitution. 

Article  VI.  relates  to  the  National  debt  and  other 
engagements  contracted  previous  to  1789  and  the  su- 
premacy of  the  National  Constitution  and  laws. 

Article  VII.,  consisting  of  a single  sentence,  pre- 
scribes the  manner  in  which  the  Constitution  should  be 
ratified,  and  the  time  when  it  should  take  effect. 

The  fifteen  Amendments  relate  to  a variety  of  sub- 
jects, as  has  been  explained  in  Chapter  XXIV. 

336.  The  Three  Departments. — It  has  been  seen  that 
the  Constitution  distributes  the  powers  of  government 
among  three  departments,  which  it  also  ordains  and 
establishes.  This  was  done  partly  to  secure  greater 
ease  and  efficiency  of  working,  and  partly  as  a safe- 
guard to  the  public  liberties.  Absolute  governments 
are  simple  in  construction,  concentrating  power  in  the 
hands  of  one  person,  or  of  a few  persons;  while  free 
governments  tend  to  division  and  separation  of  powers. 
In  the  words  of  Mr.  Madison:  “The  accumulation  of 
all  powers,  legislative,  executive,  and  judiciary  in  the 
same  hands,  whether  of  one,  a few,  or  many,  and 
whether  hereditary,  self-appointed,  or  elective,  may 
justly  be  pronounced  the  very  definition  of  tyranny.”1 


1 The  Federalist , No.  47. 


CHAPTER  XXVI. 


THE  COMPOSITION  OF  CONGRESS  AND  THE  ELECTION  OF 
ITS  MEMBERS. 

The  American  Government . Sections  263-301;  324.-330. 

337.  Congress  a Dual  Body. — From  an  early  time, 
the  English  Parliament  has  consisted  of  two  chambers, 
the  House  of  Commons  and  the  House  of  Lords.  Such  a 
legislature  is  called  bicameral,  as  opposed  to  one  that  is 
unicameral.  The  words  mean  consisting  of  two  cham- 
bers and  of  one  chamber.  The  great  advantage  of  a 
bicameral  legislature  is  that  it  secures  fuller  and  more 
deliberate  consideration  of  business.  One  house  acts 
as  a check  or  balance  to  the  other;  or,  as  Washing- 
ton once  put  it,  tea  cools  in  being  poured  from 
the  cup  into  the  saucer.  Countries  that  English- 
men have  founded  have  commonly  followed  the  example 
of  the  Mother  Country  in  respect  to  the  duality  of  their 
legislatures.  Such  was  the  case  with  the  Thirteen 
Colonies,  but  such  was  not  the  case  with  the  American 
Confederation  from  1775  to  1789.  In  the  Convention 
that  framed  the  Constitution,  the  question  arose  whether 
the  example  of  England  and  of  the  Colonies,  or  the 
example  of  the  Confederation,  should  be  followed.  It 
wasfinally  decided  that  all  the  legislative  powers  granted 
to  the  new  Government  should  be  vested  in  a Congress 

296 


CONGRESS  AND  ELECTION  OF  ITS  MEMBERS.  297 


which  should  consist  of  a Senate  and  a House  of  Repre- 
sentatives. 

338.  Composition  of  the  Two  Houses. — The  House 
of  Representatives  is  composed  of  members  who  are 
apportioned  to  the  several  States  according  to  their 
respective  numbers  of  population,  and  are  elected  for 
two  years  by  the  people  of  the  States.  The  Senate  is 
composed  of  two  Senators  from  each  State  who  are 
chosen  by  the  Legislatures  thereof,  and  each  Senator 
has  one  vote. 

The  composition  of  Congress  at  first  sharply  divided 
the  Federal  Convention.  Some  members  wanted  only 
one  house.  Others  wanted  two  houses.  Some  members 
were  determined  that  the  States  should  be  represented 
in  the  new  Congress  equally,  as  had  been  the  case  in  the 
old  one.  Others  were  determined  that  representation 
should  be  according  to  population.  These  controversies 
were  finally  adjusted  by  making  two  houses,  in  one 
of  which  representation  should  be  equal  and  in  the  other 
proportional.  This  arrangement  explains  why  New 
York  and  Nevada  have  each  two  Senators,  while  they 
have  respectively  thirty-seven  members  and  one  member 
in  the  House  of  Representatives.  This  equality  of 
representation  in  the  Senate  is  the  most  unchangeable 
part  of  the  National  Government.  The  Constitution 
expressly  provides  that  no  State  shall,  without  its  own 
consent,  ever  be  deprived  of  its  equal  suffrage  in  the 
Senate,  which  is  equivalent  to  saying  that  it  shall  never 
be  done  at  all.  No  such  provision  is  found  in  relation 
to  any  other  subject. 

339.  Qualifications  of  Representatives  and  Sena- 
tors.— A Representative  must  be  twenty-five  years  old, 
and  must  be  a citizen  of  the  United  States  of  at  least 


298  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

seven  years’  standing.  A Senator  must  be  thirty  years  of 
age  and  must  be  nine  years  a citizen.  The  Representative 
and  the  Senator  alike  must  be  an  inhabitant  of  the  State  in 
which  he  is  elected  or  for  which  he  is  chosen.  Previous 
absence  from  the  State,  even  if  protracted,  as  in  the  case 
of  a public  minister  or  consul  to  a foreign  country,  or  a 
traveler,  does  not  unfit  a man  to  sit  in  either  house. 
Representatives  are  not  required  by  law  to  reside  in 
their  districts,  but  such  is  the  custom. 

No  person  can  be  a Senator  or  Representative,  or  an 
Elector  of  President  and  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or 
under  any  State,  who  having  once  taken  an  oath  as  a 
member  of  Congress,  or  as  an  officer  of  the  United 
States,  or  as  a member  of  any  State  Legislature,  or  as 
an  Executive  or  Judicial  officer  of  any  State,  to  support 
the  Constitution  of  the  United  States,  has  afterwards 
engaged  in  insurrection  or  rebellion  against  the  same,  or 
given  assistance  to  their  enemies.  But  Congress  may 
remove  this  disability  by  a two-thirds  vote  of  each 
house. 

340.  Regulation  of  Elections. — The  times,  places, 
and  manner  of  electing  Senators  and  Representatives  are 
left,  in  the  first  instance,  to  the  Legislatures  of  the  States, 
but  they  are  so  left  subject  to  the  following  rule:  “Con- 
gress may,  at  any  time,  by  law,  make  or  alter  such  reg- 
ulations, except  as  to  the  places  of  choosing  Senators.” 
Defending  this  rule  in  1788,  Mr.  Hamilton  said:  “Every 
government  ought  to  contain  in  itself  the  means  of  its 
own  preservation;  while  it  is  perfectly  plain  that  the 
States,  or  a majority  of  them,  by  failing  to  make  the 
necessary  regulations,  or  by  making  improper  ones,  could 
break  up  or  prevent  the  first  elections  of  the  Houses  of 


CONGRESS  AND  ELECTION  OF  ITS  MEMBERS.  299 

Congress.  ” The  right  to  name  the  places  where  Senators 
shall  be  chosen  is  denied  to  Congress  for  a very  sufficient 
reason.  If  Congress  possessed  that  power  it  could  deter- 
mine, or  at  least  largely  influence,  the  location  of  the  State 
capitals. 

341.  Elections  of  Senators. — Previous  to  1866,  the 
Legislature  of  every  State  conducted  these  elections  as  it 
pleased.  Sometimes  the  two  houses  met  in  joint  con- 
vention, a majority  of  the  whole  body  determining  the 
choice.  Sometimes  the  two  houses  voted  separately,  a 
majority  of  each  house  being  required  to  elect.  It  is 
obvious  that  the  two  methods  might  operate  very  differ- 
ently. If  the  same  political  party  had  a majority  in 
both  houses,  the  result  would  probably  be  the  same  in 
either  case;  but  if  the  two  houses  were  controlled  by 
different  parties,  then  the  party  having  the  majority  of 
votes  on  a joint  ballot  would  probably  elect  the  Senator. 
If  the  second  plan  was  followed,  and  the  two  houses 
differed  in  regard  to  a choice,  there  were  delays,  and  elec- 
tions were  sometimes  attended  by  serious  scandals.  So 
Congress,  in  1866,  passed  a law  providing  that  the  Legis- 
lature next  preceding  the  expiration  of  a Senator’s  term, 
in  any  State,  shall,  on  the  second  Tuesday  after  its 
meeting  and  organization,  proceed  to  elect  a Senator  in 
the  following  manner: — 

1.  Each  house  votes,  viva  voce , for  Senator.  The  next 
day  at  twelve  o'clock  the  two  houses  meet  in  joint 
session,  and  if  it  appears  from  the  reading  of  the  journals 
of  the  previous  day’s  proceedings  that  the  same  person 
has  received  a majority  of  all  the  votes  cast  in  each 
house,  he  is  declared  duly  elected. 

2.  If  no  election  has  been  made,  the  joint  assembly 
proceeds  to  vote,  viva  voce , for  Senator,  and  if  any 


300  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

person  receive  a majority  of  all  the  votes  of  the  joint 
assembly,  a majority  of  all  the  members  elected  to  both 
houses  being  present  and  voting,  such  person  is  declared 
duly  elected. 

3.  If  a choice  is  not  made  on  this  day,  then  the  two 
houses  must  meet  in  joint  assembly  each  succeeding  day 
at  the  same  hour,  and  must  take  at  least  one  vote,  as 
before,  until  a Senator  is  elected  or  the  Legislature  ad- 
journs. 

4.  If  a vacancy  exists  on  the  meeting  of  the  Legislature 
of  any  State,  said  Legislature  must  proceed,  on  the 
second  Tuesday  after  its  meeting  and  organization,  to 
fill  such  vacancy  in  the  same  manner  as  in  the  previous 
case;  and  if  a vacancy  occur  when  the  session  is  in  prog- 
ress, the  Legislature  must  proceed,  as  before,  to  elect 
on  the  second  Tuesday  after  they  have  received  notice 
of  the  vacancy. 

342.  Vacancies. — When  a vacancy  occurs  in  the 
recess  of  the  Legislature  of  a State,  owing  to  death  or 
other  cause,  the  Governor  makes  an  appointment  that 
continues  until  the  next  meeting  of  the  Legislature,  when 
the  vacancy  is  filled  in  the  usual  manner.  In  all  cases 
of  vacancies  the  appointed  or  newly  elected  Senator 
only  fills  out  the  term  of  his  predecessor. 

343.  Division  of  Senators.  — The  Senators  are 
equally  divided,  or  as  nearly  so  as  may  be,  into  three 
classes  with  respect  to  the  expiration  of  their  terms,  as 
follows: 

Class  1,  1791,  1797. 1893,  1899 

Class  2,  1793,  1799 1895,  1901 

Class  3,  1795,  1801 1897,  1903 

The  two  Senators  from  a State  are  never  put  in  the 
same  class;  and  as  the  terms  of  the  first  Senators  from 
a State  now  admitted  to  the  Union  expire  with  the  terms 


CONGRESS  AND  ELECTION  OF  ITS  MEMBERS.  301 


of  the  classes  to  which  they  are  assigned,  one  or  both  of 
them  may  serve  less  than  the  full  term  of  six  years. 

344.  Electors  of  Representatives. — The  persons 
who  may  vote  for  the  most  numerous  branch  of  the  State 
Legislature  in  any  State,  or  the  house  of  representatives, 
may  also  yote  for  members  of  the  National  House  of  Rep- 
resentatives. Usually,  however,  a State  has  only  one  rule 
of  suffrage;  that  is,  a person  who  may  vote  for  members 
of  the  lower  house  of  the  State  Legislature  may  vote 
also  for  all  State  and  local  officers.  Practically,  there- 
fore, the  rule  is  that  State  electors  are  National  electors; 
or,  in  other  words,  the  Constitution  adopts  for  its 
purposes  the  whole  body  of  the  State  electors,  whoever 
they  may  be.  In  Wyoming,  Colorado,  Idaho,  and  Utah 
women  vote  on  the  same  terms  and  conditions  as  men. 
But  in  most  of  the  States  only  males  twenty-one  years 
of  age  and  upwards,  having  certain  prescribed  qualifica- 
tions, are  permitted  to  vote.  In  Massachusetts,  Missis- 
sippi, and  many  other  States,  there  is  an  educational 
qualification  for  the  suffrage. 

345.  Apportionment  of  Representatives  in  the 
Constitution. — The  Constitution  provides  that  members 
of  the  House  of  Representatives  shall  be  apportioned 
among  the  several  States  according  to  their  respective 
numbers.  The  original  rule  for  determining  these  num- 
bers was  that  all  free  persons,  including  apprentices  or 
persons  bound  to  service  for  a term  of  years,  but  excluding 
Indians  not  taxed  (or  Indians  living  in  tribal  relations), 
and  three-fifths  of  all  other  persons,  should  be  counted. 
The  “ other  persons”  were  the  slaves.  The  abolition 
of  slavery  and  the  practical  disappearance  of  apprentice- 
ship have  considerably  simplified  matters.  The  Four- 
teenth Amendment  to  the  Constitution  provides  that 
Representatives  shall  be  apportioned  according  to 


302  THE  GOVERNMENT  OF  THE  UNITED  STATES. 


population,  counting  the  whole  number  of  persons  in  a 
State,  excluding  Indians  who  are  not  taxed.  This  rule  is 
applied  to  the  people  of  the  States  regardless  of  age, 
sex,  color,  or  condition.  The  Constitution  further  pro- 
vides that  the  number  of  Representatives  shall  not 
exceed  one  for  every  30,000  people,  but  that  every  State 
shall  have  one  Representative  regardless  of  popula- 
tion. 

346.  The  Census. — The  Constitution  of  1787  fixed 
the  number  of  members  of  the  House  of  Representatives 
at  65,  and  apportioned  them  among  the  States  as  best  it 
could,  using  the  information  in  respect  to  population  that 
was  accessible.  It  also  provided  that  an  actual  enumera- 
tion of  the  people  should  be  made  within  three  years  of 
the  first  meeting  of  Congress,  and  that  it  should  be  re- 
peated thereafter  within  every  period  of  ten  years.  This 
enumeration  was  also  called  the  census.  In  conformity 
with  this  provision,  decennial  censuses  of  the  United 
States  have  been  taken  in  1790>  1800,  1810,  etc. 

347.  Method  of  Apportionments. — The  decennial 
apportionment  of  members  of  the  House  is  made  by  Con- 
gress, and  that  body  has  performed  the  duty  in  different 
ways.  The  apportionment  of  1893  was  made  in  the  fol- 
lowing manner:  First,  the  House  was  conditionally  made 
to  consist  of  356  members.  Next,  the  population  of  the 
country,  not  counting  the  Territories,  was  divided  by 
this  number,  which  gave  a ratio  of  173,901.  The  popu- 
lation of  every  State  was  then  divided  by  this  ratio  and 
the  quotients  added,  giving  339.  The  numbers  of  Repre- 
sentatives indicated  by  these  quotients  were  then  assigned 
to  the  several  States,  and  one  Representative  each  in 
addition  to  the  seventeen  States  having  fractions  larger 
than  one-half  the  ratio,  thus  making  the  original  num- 
ber, 356. 


CONGRESS  AND  ELECTION  OF  ITS  MEMBERS.  303 


When  a new  State  comes  into  the  Union,  its  Rep- 
resentative or  Representatives  are  added  to  the  number 
previously  constituting  the  House.1 

348.  Elections  of  Representatives. — For  fifty 
years  Congress  allowed  the  States  to  elect  their  Represen- 
tatives in  their  own  way.  The  State  Legislatures  fixed 
the  times  and  the  places  and  regulated  the  manner  of 
holding  the  elections;  the  elections  were  conducted  with- 
out any  regulation  or  control  whatever  being  exercised 
by  the  National  Government.  Very  naturally  there  were 
considerable  differences  of  practice.  Congress  has  now" 
exercised  its  power  of  regulation  in  three  points: 

1.  In  1842  Congress  provided  by  law  that,  in  every 
case  where  a State  was  entitled  to  more  than  one 
Representative,  the  members  to  which  it  was  entitled 
should  be  elected  by  districts  composed  of  contiguous 
territory  equal  in  number  to  the  number  of  Representa- 
tives to  be  chosen,  no  district  electing  more  than  one. 
It  is,  however,  provided  that  when  the  number  of  Repre- 
sentatives to  which  a State  is  entitled  has  been  diminished 
at  any  decennial  apportionment,  and  the  State  Legislature 
has  failed  to  make  the  districting  conform  to  the  change, 


* The  Numbers  of  the  House  and  the  Ratios  of  Representation 
are  set  down  in  the  following  table,  with  the  period: 


Period. 

Size  of  House. 

Ratio. 

1789-1793  

65 

1793-1803  

105 

1803-1813  

141  

1813-1823  

181  

1823-1833  

212 

40,000 

1833-1843  

240  

47,700 

1843-1853  

223  

70,680 

1853-1863  

234  

93,503 

1863-1873  

241 

127,941 

1873-1883  

292  

....  130,533 

1883-1893  

1893-1903  

356  

173,901 

1903-1913  

386  

194,182 

304  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

the  whole  number  shall  be  chosen  by  the  State  as  a unit 
and  not  by  districts.  It  is  also  provided  that  if  the 
number  apportioned  to  any  State  is  increased,  and  the 
Legislature  fails  to  district  the  State,  the  old  districting 
shall  stand,  but  that  the  additional  member  or  members 
shall  be  elected  by  the  State  as  a whole.  Representa- 
tives elected  on  a general  ticket,  and  not  by  district 
tickets,  from  States  having  more  than  one  member,  are 
called  Representatives-at-large.  Since  1872  Congress 
has  prescribed  that  the  districts  in  a State  must,  as  nearly 
as  practicable,  contain  an  equal  number  of  inhabitants. 
Congress  has  never  constituted  the  Congressional  dis- 
tricts, as  they  are  called,  but  has  always  left  that  duty  to 
the  State  Legislatures.  As  a rule  the  division  of  the  States 
into  districts,  when  once  made,  is  allowed  to  stand  for 
ten  years,  or  until  a new  apportionment  is  made;  but  not 
unfrequently  it  is  changed,  or  the  State  is  re- districted, 
as  the  saying  is,  for  the  sake  of  obtaining  some  political 
advantage.  The  operation  called  “gerrymandering”1 
is  only  too  well  known  in  American  history. 

2.  In  1871  Congress  enacted  that  all  votes  for  Repre- 
sentatives should  be  by  printed  ballots,  but  since  1899 
voting  machines  also  have  been  allowed. 

3.  In  1872  Congress  prescribed  that  the  elections  should 
be  held  on  the  Tuesday  next  after  the  first  Monday  in 
November  in  every  even  numbered  year,  1874,  1876  . . . . 
1896,  1898,  etc.  Later  legislation  exempted  from  the 

JThe  Century  Dictionary  gives  the  following  history  of  this 
word:  “ Gerrymander . In  humorous  imitation  of  Salamander , from 
a fancied  resemblance  of  this  animal  to  a map  of  one  of  the  districts 
formed  in  the  redistricting  of  Massachusetts  by  the  legislature  in 
1811,  when  Elbridge  Gerry  was  Governor.  The  districting  Was 
intended  (it  was  believed,  at  the  instigation  of  Gerry),  to  secure 
unfairly  the  election  of  a majority  of  Democratic  Senators.  It  is 
now  known,  however,  that  he  was  opposed  to  the  measure.” 


CONGRESS  AND  ELECTION  OF  ITS  MEMBERS.  305 


operation  of  this  rule  such  States  as  had  prescribed  a 
different  day  in  their  constitutions.  Accordingly  Oregon 
elects  her  Representatives  the  first  Monday  of  June, 
Vermont  hers  the  first  Tuesday  of  September,  and  Maine 
hers  the  second  Monday  of  the  same  month. 

In  nearly  every  case,  if  not  indeed  in  every  one,  the 
State  elects  State  officers  at  the  same  time  that  the 
elections  of  the  National  House  of  Representatives  are 
held.  Moreover,  the  elections  of  Representatives  are  con- 
ducted by  the  same  officers  that  conduct  the  State  elec- 
tions. These  officers  count  the  votes  and  make  the 
returns  required  by  law.  The  Representative  receives 
his  certificate  of  election  from  the  Governor  of  his  State. 
If  a vacancy  occurs  in  any  State,  owing  to  any  cause, 
the  Governor  issues  a proclamation,  called  a writ  of  elec- 
tion, appointing  a special  election  to  fill  the  vacancy. 

349.  Compensation  of  Members  of  Congress. — 
Senators  and  Representatives  receive  a compensation 
from  the  Treasury  of  the  United  States.  Congress  fixes 
by  law  the  pay  of  its  own  members,  subject  only  to  the 
President’s  veto.1 

1 The  compensation  at  different  times  is  exhibited  in  the  follow- 
ing table : 


1789-1815 

1815-1817 

1817-1855 

1855-1865 

1865-1871 

1871-1873 

7500.00  a year. 

1873-1907 

5000.00  a year. 

1907-  

7500.00  a year. 

Save  for  a period  of  only  two  years,  Senators  and  Representa- 
tives have  always  received  a mileage  or  traveling  allowance.  At 
present  this  allowance  is  twenty  cents  a mile  for  the  necessary  dis- 
tance traveled  in  going  to  and  returning  from  the  seat  of  govern- 
ment. The  Vice-President  and  the  Speaker  of  the  House  of 
Representatives  now  receive  each  a salary  of  $ 12,000  a year. 


306  the  government  of  the  united  states. 

350.  Privileges  of  Members  of  Congress. — In  all 
cases  but  treason,  felony,  and  breach  of  the  peace,  Sen- 
ators and  Representatives  are  exempt  from  arrest  during 
their  attendance  at  the  session  of  their  respective  houses 
and  in  going  to  and  returning  from  the  same.  In  other 
words,  unless  he  is  charged  with  one  or  more  of  the 
grave  offenses  just  named,  a member  of  either  house 
cannot  be  arrested  from  the  time  he  leaves  his  home  to 
attend  a session  of  Congress  until  he  returns  to  it. 
Further,  a Senator  or  Representative  cannot  be  held 
responsible  in  any  other  place  for  any  words  that  he  may 
speak  in  any  speech  or  debate  in  the  house  to  which  he 
belongs.  This  rule  protects  him  against  prosecution  in 
the  courts,  even  if  his  words  are  slanderous.  Still  more, 
speeches  or  debates,  when  published  in  the  official  report 
called  “The  Congressional  Record,  ” are  also  privileged 
matter,  and  the  speakers  cannot  be  held  accountable  for 
libel.  This  freedom  from  arrest  and  this  exemption 
from  responsibility  in  respect  to  words  spoken  in  the 
discharge  of  public  duty,  are  not  privileges  accorded  to 
the  Senator  and  Representative  in  their  own  interest 
and  for  their  own  sake,  but  rather  in  the  interest  and  for 
the  sake  of  the  people  whom  they  represent.  If  they 
were  liable  to  arrest  for  any  trivial  offense,  or  if  they 
could  be  made  to  answer  in  a court  of  law  for  what  they 
might  say  on  the  floor  of  Congress,  the  business  of  the 
country  might  be  interfered  with  most  seriously.  The 
rights  of  legislative  bodies  must  be  rigidly  maintained. 
The  one  rule  given  above  is  necessary  to  protect  the 
freedom  of  representation,  the  other  to  protect  the  free- 
dom of  debate. 

35  I . Prohibitions  Placed  Upon  Members  of  Con- 
gress.— -No  Senator  or  Representative  can,  during  the 
time  for  which  he  was  elected,  be  appointed  to  any  civil 


CONGRESS  AND  ELECTION  OF  ITS  MEMBERS.  307 


office  under  the  United  States  that  is  created,  or  the  pay 
of  which  is  increased,  during  such  time.  Appointments  to 
many  offices,  and  to  all  of  the  most  important  ones,  are 
made  by  the  President  with  the  advice  and  consent  of  the 
Senate.  Moreover,  the  President  is  always  interested 
in  the  fate  of  measures  that  are  pending  before  Congress, 
or  are  likely  to  be  introduced  into  it.  There  is  accord- 
ingly a certain  probability  that,  if  he  were  at  liberty  to 
do  so,  the  President  would  enter  into  bargains  with 
members  of  Congress,  they  giving  him  their  votes  and 
he  rewarding  them  with  offices  created  or  rendered  more 
lucrative  for  that  very  purpose.  This  would  open  up  a 
great  source  of  corruption.  A Senator  or  Representa- 
tive may,  however,  be  appointed  to  any  office  that  ex- 
isted at  the  time  of  his  election  to  Congress,  provided 
the  compensation  has  not  been  since  increased.  Still 
he  cannot  hold  such  office  while  a member  of  Congress. 
On  the  other  hand,  the  Constitution  expressly  declares: 
“No  person  holding  any  office  under  the  United  States 
shall  be  a member  of  either  house  during  his  continu- 
ance in  office.” 

352.  Length  of  Congress. — The  term  Congress,  is 
used  in  two  senses.  It  is  the  name  of  the  National 
Legislature  as  a single  body,  and  it  is  also  the  name  of  so 
much  of  the  continuous  life  of  that  body  as  falls  within 
the  full  term  of  office  of  the  Representative.  We  speak 
of  Congress,  and  of  a Congress.  Thus  there  are  a First, 
Second,  ....  and  Fifty-fourth  Congress,  filling 

the  periods  1789-1791,  1791-1793  

1895-1897.  The  length  of  a Congress  was  fixed  when 
the  Convention  of  1787  made  the  Representative’s  term 
two  years.  The  time  of  its  beginning  and  ending  was 
due  to  an  accident.  The  Old  Congress  provided  in  1788 
for  setting  the  new  Government  in  operation;  it  named 


308  the  government  of  the  united  states. 

the  first  Wednesday  of  March,  1789,  as  the  day  when 
the  two  Houses  of  Congress  should  first  assemble,  which 
happened  to  be  the  fourth  day  of  that  month.  Thus  a 
point  of  beginning  was  fixed  and,  as  the  rule  has  never 
been  changed,  our  Congresses  continue  to  come  and  go 
on  the  fourth  of  March  of  every  other  year.  The  pres- 
ent procedure  is  as  follows:  Representatives  are  chosen 

in  November  of  every  even  year,  1892, 1894,  1896,  while 
their  terms,  and  so  the  successive  Congresses,  begin  on 
March  4 of  every  odd  numbered  year,  1893,  1895,  1897. 

While  Representatives  come  and  go  together  at  in- 
tervals of  two  years,  Senators  come  and  go  in  thirds  at 
the  same  intervals.  The  result  is  that  while  a House  of 
Representatives  lasts  but  two  years,  the  Senate  is  a per- 
petual body. 

353.  Meeting  of  Congress. — Congress  must  assem- 
ble at  least  once  every  year,  and  such  meeting  is  on  the 
first  Monday  of  December,  unless  by  law  it  names 
another  day.  Hence  every  Congress  holds  two  regular 
sessions.  Furthermore,  Congress  may  by  law  provide 
for  special  sessions,  or  it  may  hold  adjourned  sessions, 
or  the  President,  if  he  thinks  it  necessary,  may  call  the 
houses  together  in  special  session.  As  a matter  of  fact, 
all  of  these  things  have  been  done  at  different  times.  As 
the  law  now  stands  the  first  regular  session  of  Congress 
begins  on  the  first  Monday  of  December  following  the 
beginning  of  the  Representative’s  term,  and  it  may 
continue  until  the  beginning  of  the  next  regular  session, 
and  commonly  does  continue  until  midsummer.  The 
second  regular  session  begins  the  first  Monday  of 
December,  but  can  continue  only  until  March  4 of  the 
next  year,  or  until  the  expiration  of  the  Representative’s 
term.  It  is  the  custom  to  call  these  the  long  and  the 
short  sessions. 


CHAPTER  XXVII. 


THE  ORGANIZATION  OF  CONGRESS  AND  ITS  METHOD 
OF  DOING  BUSINESS. 

The  American  Government.  Sections  273;  293-294;  312-323; 

331-340. 

354.  Officers  of  the  Senate. — The  Vice-President  of 
the  United  States  is  President  of  the  Senate,  but  has  no 
vote  unless  the  Senators  are  equally  divided.  The 
Senate  chooses  its  other  officers,  the  Secretary,  Chief 
Clerk,  Executive  Clerk,  Sergeant-at-Arms,  Door  Keeper, 
and  Chaplain.  The  duties  of  these  officers  are  indicated 
by  their  titles.  The  Senators  also  choose  one  of  their 
number  President  pro  tempore , who  presides  in  the 
absence  of  the  Vice-President  or  when  he  has  succeeded 
to  the  office  of  President.  The  Senate  is  a perpetual 
body,  and  is  ordinarily  fully  organized,  although  not  in 
actual  session,  at  any  given  time. 

355.  Officers  of  the  House  of  Representatives. — 
The  House  chooses  one  of  its  members  Speaker,  who  pre- 
sides over  its  proceedings.  It  also  chooses  persons  who 
are  not  members  to  fill  the  other  offices,  the  Clerk, 
Sergeant-at-Arms,  Postmaster,  and  Chaplain.  The 
Speaker  has  the  right  to  vote  on  all  questions,  and  must 
do  so  when  his  vote  is  needed  to  decide  the  question 
that  is  pending.  He  appoints  all  committees,  designat- 
ing their  chairmen,  and  is  himself  chairman  of  the 
important  Committee  on  Rules.  His  powers  are  very 
great,  and  he  is  sometimes  said  to  exercise  as  much 

809 


310  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

influence  over  the  course  of  the  Government  as  the 
President  himself.  The  Speaker’s  powers  cease  with 
the  death  of  the  House  that  elects  him,  but  the  Clerk 
holds  over  until  the  Speaker  and  Clerk  of  the  next  House 
are  elected,  on  which  occasions  he  presides.  It  is  com- 
mon to  elect  an  ex-member  of  the  House  Clerk. 

356.  The  Houses  Judges  of  the  Election  of  their 
Members. — The  Houses  are  the  exclusive  judges  of  the 
elections,  returns,  and  qualifications  of  their  members; 
that  is,  if  the  question  arises  whether  a member  has  been 
duly  elected,  or  whether  the  returns  have  been  legally 
made,  or  whether  the  member  himself  is  qualified,  the 
house  to  which  he  belongs  decides  it.  In  the  House  of 
Representatives  contested  elections,  as  they  are  called, 
are  frequent.  As  stated  before,  the  Governor  of  the 
State  gives  the  Representative  his  certificate  of  elec- 
tion, which  is  duly  forwarded  to  Washington  addressed 
to  the  Clerk  of  the  House  next  preceding  the  one  in 
which  the  Representative  claims  a seat.  The  Clerk 
makes  a roll  of  the  names  of  those  who  hold  regular 
certificates,  and  all  such  persons  are  admitted  to  take 
part  in  the  organization  of  the  House  when  it  convenes. 
Still  such  certificate  and  admission  settle  nothing  when 
a contestant  appears  to  claim  the  seat.  The  House  may 
then  investigate  the  whole  case  from  its  very  beginning, 
and  confirm  the  right  of  the  sitting  member  to  the  seat, 
or  exclude  him  and  admit  the  contestant,  or  declare  the 
seat  vacant  altogether  if  it  is  found  that  there  has  been  no 
legal  election.  In  the  last  case,  there  must  be  a new 
election  to  fill  the  vacancy.  The  Governor  of  the  State 
also  certifies  the  election  of  the  Senator.  A Senator- 
elect  appearing  with  regular  credentials  is  admitted  to 
be  sworn  and  to  enter  upon  his  duties,  but  the  Senate 
is  still  at  liberty  to  inquire  into  his  election  and  qualifi- 


THE  ORGANIZATION  OF  CONGRESS.  3 1 I 

cations,  and  to  exclude  him  from  his  seat  if,  in  its  judg- 
ment, the  facts  justify  such  action.  In  respect  to 
qualifications,  it  maybe  said  that  persons  claiming  seats, 
or  occupying  them,  have  been  pronounced  disqualified 
because  they  were  too  young,  or  because  they  had  not 
been  naturalized  a sufficient  time,  or  because  they  have 
been  guilty  of  some  misconduct.  From  the  decision  of 
the  Houses  in  such  cases  there  is  no  appeal. 

357.  Quorums. — The  Houses  cannot  do  business 
without  a quorum,  which  is  a majority  of  all  the  members; 
but  a smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members.  Whether 
a quorum  is  present  in  the  House  of  Representatives  or 
not,  is  determined  by  the  roll-call  or  by  the  Speaker’s 
count.  If  a quorum  is  not  present,  the  House  either 
adjourns  or  it  proceeds,  by  the  method  known  as  the  call 
of  the  House,  to  compel  the  attendance  of  absentees. 
In  the  latter  case  officers  are  sent  out  armed  with  writs 
to  arrest  members  and  bring  them  into  the  chamber. 
When  a quorum  is  obtained,  the  call  is  dispensed  with 
and  business  proceeds  as  before.  In  several  recent  Con- 
gresses a rule  has  prevailed  allowing  the  names  of 
members  who  were  present  but  who  refused  to  vote  to 
be  counted,  if  necessary,  for  the  purpose  of  making  a 
quorum. 

358.  Rules  of  Proceedings. — Each  house  makes  its 
own  rules  for  the  transaction  of  business.  The  rules  of 
the  Senate  continue  in  force  until  they  are  changed,  but 
those  of  the  House  of  Representatives  are  adopted  at 
each  successive  Congress.  Still  there  is  little  change 
even  here  from  Congress  to  Congress.  Owing  to  the 
greater  size  of  the  body,  the  rules  of  the  House  are 
much  more  complex  than  the  rules  of  the  Senate.  The 
rules  of  both  Houses,  like  the  rules  of  all  legislative 


312  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

assemblies  in  English-speaking  countries,  rest  ultimately 
upon  what  is  known  as  Parliamentary  Law,  which  is 
the  general  code  of  rules  that  has  been  progressively 
developed  by  the  English  Parliament  to  govern  the 
transaction  of  its  business.  Still  many  changes  and 
modifications  of  this  law  have  been  found  necessary,  t<? 
adapt  it  to  the  purposes  of  Congress,  and  especially  ol 
the  House  of  Representatives. 

359.  Power  to  Punish  Members. — The  House? 
may  punish  members  for  disorderly  behavior,  and  by  a 
vote  of  two-thirds  may  expel  members.  These  necessary 
powers  have  been  exercised  not  unfrequently.  In  1842 
the  House  of  Representatives  reprimanded  J.  R.  Gid- 
dings,  of  Ohio,  for  introducing  some  resolutions  in  rela- 
tion to  slavery;  while  the  Senate  in  1797  expelled  William 
Blount,  of  Tennessee,  for  violating  the  neutrality  laws, 
and  in  1863  Mr.  Bright,  of  Indiana,  for  expressing  sym- 
pathy with  the  Southern  secessionists.  From  the  deci- 
sions of  the  Houses  in  such  cases  there  is  no  appeal. 

360.  Journals  and  Voting. — The  Houses  are  re- 
quired to  keep  a full  history  of  their  proceedings  in 
records  called  journals,  and  to  publish  the  same  except 
such  parts  as  in  their  judgment  require  secrecy.  But  as 
the  House  of  Representatives  always  sits  with  open 
doors,  the  provision  in  respect  to  secrecy  has  no  practical 
effect  in  that  body.  It  is  also  null  in  the  Senate  except 
in  executive  sessions.  These  are  secret  sessions  held  for 
the  transaction  of  special  business  sent  to  the  Senate  by 
the  President,  as  the  consideration  of  treaties  and  nomi- 
nations. The  yeas  and  nays  must  be  called,  and  must  be 
entered  on  the  journal,  when  such  demand  is  made  by 
one-fifth  of  the  members  present.  The  object  of  these 
rules  is  to  secure  full  publicity  in  regard  to  what  is  done 
in  Congress.  On  the  call  of  the  roll,  which  is  the  only 


THE  ORGANIZATION  OF  CONGRESS, 


313 


form  of  voting  known  in  the  Senate,  members  are  entered 
as  voting  yea  or  nay,  as  absent  or  not  voting.  In 
the  House  votes  are  taken  in  three  other  ways:  by 
the  viva  voce  method,  the  members  answering  aye  or  no 
when  the  two  sides  of  the  question  are  put;  by  the  mem- 
bers standing  until  the  presiding  officer  counts  them; 
by  the  members  passing  between  two  men  called  tellers, 
who  count  them  and  report  the  numbers  of  those  voting 
on  the  one  side  and  on  the  other,  to  the  Chair. 

36  ( . Mode  of  Legislating. — A bill  is  a written  or 
printed  paper  that  its  author  proposes  shall  be  enacted 
into  a law.  Every  bill  that  becomes  a law  of  the  United 
States  must  first  pass  both  Houses  of  Congress  by  ma- 
jority votes  of  quorums  of  their  members.  Still  more, 
this  must  be  done  according  to  the  manner  prescribed  by 
the  rules,  which  on  this  subject  are  very  minute.  For 
example,  no  bill  or  joint  resolution  can  pass  either  house 
until  it  has  been  read  three  times,  and  once  at  least  in  full 
in  the  open  house.  The  presiding  officers  of  the  two 
Houses  certify  the  passage  of  bills  by  their  signatures. 
When  a bill  has  thus  passed  Congress  it  is  sent  to  the 
President  for  his  action,  who  may  do  any  one  of  three 
things  with  it. 

362.  Action  of  the  President. — 1.  The  President 
may  approve  the  bill,  in  which  case  he  signs  it  and  it 
becomes  a law. 

2.  He  may  disapprove  the  bill,  in  which  case  he  sends 
it  back  to  the  house  that  first  passed  it,  or  in  which  it 
originated,  with  his  objections  stated  in  a written  mes- 
sage. In  such  case  he  is  said  to  veto  it.  This  house 
now  enters  the  message  in  full  on  its  journal  and  pro- 
ceeds to  reconsider  the  bill.  If  two-thirds  of  the  mem- 
bers, on  reconsideration,  vote  to  pass  the  bill,  it  is 
sent  to  the  other  house,  which  also  enters  the  message 


314  THE  government  of  the  united  states. 

on  its  journal  and  proceeds  to  reconsider.  If  two-thirds 
of  this  house  also  vote  for  the  bill,  it  becomes  a law 
notwithstanding  the  President’s  objections.  The  bill  is 
now  said  to  pass  over  the  President’s  veto.  In  voting 
on  vetoed  bills  the  Houses  must  vote  by  yeas  and  nays, 
and  the  names  of  those  voting  are  entered  on  the  journal. 
If  the  house  to  which  the  bill  is  returned  fails  to  give  it  a 
two-thirds  vote,  the  matter  goes  no  farther;  if  the  second 
one  fails  to  give  it  such  vote,  the  failure  is  also  fatal. 
In  either  case  the  President’s  veto  is  said  to  be  sustained. 

3.  The  President  may  keep  the  bill  in  his  possession, 
refusing  either  to  approve  or  disapprove  it.  In  this  case, 
it  also  becomes  a law,  when  ten  days,  counting  from  the 
time  that  the  bill  was  sent  to  him,  have  expired,  not  in- 
cluding Sundays.  However,  to  this  rule  there  is  one 
important  exception.  If  ten  days  do  not  intervene  be- 
tween the  time  that  the  President  receives  the  bill  and 
the  adjournment  of  Congress,  not  counting  Sundays,  it 
does  not  become  a law.  Accordingly  the  failure  of  the 
President  to  sign  or  to  return  a bill  passed  within  ten 
days  of  the  adjournment  defeats  it  as  effectually  as  a 
veto  that  is  sustained  by  Congress  could  defeat  it.  The 
President  sometimes  takes  this  last  course,  in  which  case 
he  is  said  to  “pocket”  a bill  or  to  give  it  a “pocket”  veto. 

363.  Orders,  Resolutions,  and  Votes.  — Every 
order,  resolution,  or  vote  to  which  the  concurrence  of 
both  Houses  of  Congress  is  necessary,  save  on  questions 
of  adjournment,  must  be  sent  to  the  President  for  his 
approval.  This  rule  prevents  Congress  enacting  meas- 
ures to  which  the  President  may  be  opposed  by  calling 
them  orders,  resolutions,  or  votes  and  not  bills.  Still 
the  resolutions  of  a single  house,  or  joint  resolutions  that 
merely  declare  opinions  and  do  not  enact  legislation,  are 
not  subject  to  this  rule.  Nor  is  it  necessary  for  the  Pres- 


THE  ORGANIZATION  OF  CONGRESS. 


315 


ident  to  approve  resolutions  proposing  amendments  to 
the  Constitution  of  the  United  States. 

364.  The  Committee  System. — To  a great  extent 
legislation  is  carried  on  in  both  Houses  by  means  of  com- 
mittees. These  are  of  two  kinds.  Standing  committees 
are  appointed  on  certain  subjects,  as  commerce,  the  post- 
office,  and  foreign  affairs,  for  a Congress.  Special  com- 
mittees are  appointed  for  special  purposes.  The  House  of 
Representatives  has  about  sixty  standing  committees ; 
the  Senate  not  quite  so  many.  All  House  committees 
are  appointed  by  the  Speaker.  Senate  committees  are 
elected  by  the  Senators  on  caucus  nominations.  The 
standing  committees  of  the  House  and  of  the  Senate 
consist  of  from  three  to  seventeen  members  each. 
The  committees  draw  up  bills,  resolutions,  and  re- 
ports, bringing  them  forward  in  their  respective  houses. 
To  them  also  bills  and  resolutions  introduced  by  single 
members  are  almost  always  referred  for  investigation 
and  report  before  they  are  acted  upon  in  the  house. 

365.  Adjournments. — The  common  mode  of  ad- 
journment is  for  the  two  Houses  to  pass  a joint  resolution 
to  that  effect,  fixing  the  time.  The  President  may,  in  case 
of  a disagreement  between  the  Houses  respecting  the 
time  of  adjournment,  adjourn  them  to  such  time  as  he 
thinks  proper;  but  no  President  has  ever  had  occasion  to 
do  so.  Neither  House,  during  the  session  of  Congress, 
can,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  or  to  any  other  place  than  the  one  in 
which  Congress  shall  be  sitting  at  the  time.  It  is  therefore 
practically  impossible  for  the  two  Houses  to  sit  in  differ- 
ent places,  as  one  in  Washington  and  the  other  in  Bal- 
timore. As  is  elsewhere  explained,  the  Senate  may  sit 
alone  to  transact  executive  business,  if  it  has  been  con- 
vened for  that  purpose. 


CHAPTER  XXVIII. 


THE  IMPEACHMENT  OF  CIVIL  OFFICERS. 

The  American  Government.  Sections  302-31 1 ; 484. 

366.  Impeachment  Defined. — In  the  legal  sense,  an 
impeachment  is  a solemn  declaration  by  the  impeaching 
body  that  the  person  impeached  is  guilty  of  some  serious 
misconduct  that  affects  the  public  weal.  In  the  United 
States,  the  President,  Vice-President,  and  all  other  civil 
officers  are  subject  to  impeachment  for  treason,  bribery, 
or  other  high  crimes  and  misdemeanors.  In  England, 
military  officers  and  private  persons  may  be  impeached 
as  well  as  civil  officers.  The  other  crimes  and  misde- 
meanors mentioned  in  the  Constitution  are  not  necessa- 
rily  defined  or  prohibited  by  the  general  laws.  In  fact, 
few  of  them  are  so  treated.  Impeachment  is  rather  a 
mode  of  punishing  offenses  that  are  unusual,  and  that, 
by  their  very  nature,  cannot  be  dealt  with  in  the  general 
laws.  Thus  Judge  Pickering  was  impeached  in  1803  for 
drunkenness  and  profanity  on  the  bench,  and  Judge 
Chase  the  next  year  for  inserting  criticisms  upon  Presi- 
dent Jefferson’s  administration  in  his  charge  to  a grand 
jury,  while  President  Johnson  was  impeached  in  1867, 
among  other  things,  for  speaking  disparagingly  of  Con- 
gress. But  none  of  these  acts  were  prohibited  by  the 
laws.  Senators  and  Representatives  are  exempt  from 
impeachment. 

367.  The  Power  of  the  House. — The  House  of 
Representatives  has  the  sole  power  of  impeachment,  as 

316 


THE  IMPEACHMENT  OF  CIVIL  OFFICERS.  317 

the  House  of  Commons  has  in  England.  The  following 
are  the  principal  steps  to  be  taken  in  such  case.  The 
House  adopts  a resolution  declaring  that  Mr. be  im- 

peached. Next  it  sends  a committee  to  the  Senate  to 
inform  that  body  of  what  it  has  done,  and  that  it  will  in 
due  time  exhibit  articles  of  impeachment  against  him  and 
make  good  the  same.  The  committee  also  demands  that 
the  Senate  shall  take  the  necessary  steps  to  bring  the 
accused  to  trial.  Then  the  House  adopts  formal  articles 
of  impeachment,  defining  the  crimes  and  misdemeanors 
charged,  and  appoints  a committee  of  five  managers  to 
prosecute  the  case  in  its  name,  and  in  the  name  of  the 
good  people  of  the  United  States.  These  articles  of 
impeachment  are  similar  to  the  counts  of  an  indictment 
found  by  a grand  jury  in  a court  of  law. 

368.  The  Power  of  the  Senate. — The  action  of  the 
House  of  Representatives  settles  nothing  as  to  the  guilt 
or  innocence  of  the  person  accused.  The  Constitution 
places  the  power  to  try  impeachments  exclusively  in  the 
Senate,  as  in  England  it  is  placed  exclusively  in  the  House 
of  Lords.  So  when  the  House  has  taken  the  first  step 
described  in  the  last  paragraph,  the  Senate  takes  the 
action  that  is  demanded.  It  fixes  the  time  of  trial,  gives 
the  accused  an  opportunity  to  file  a formal  answer  to  the 
charges  that  have  been  made  against  him,  and  cites  him  to 
appear  and  make  final  answer  at  the  time  that  has  been 
fixed  upon  for  the  trial.  The  Senators  sit  as  a court, 
and  when  acting  in  such  a capacity  they  must  take  a 
special  oath  or  affirmation.  When  the  President  is 
tried,  the  Chief  Justice  presides.  No  person  shall  be 
convicted  unless  two-thirds  of  the  Senators  present  vote 
that  he  is  guilty  of  one  or  more  of  the  offenses  charged. 
As  the  Vice-President  would  have  a personal  interest  in 
the  issue  should  the  President  be  put  on  trial,  owing  to 


3 1 8 THE  GOVERNMENT  OF  THE  UNITED  STATES. 

the  fact  that  the  Vice-President  succeeds  to  the  presi- 
dency in  case  of  the  removal  of  the  President,  it  would 
manifestly  be  a gross  impropriety  for  him  to  preside  in 
such  case.  He  would  be  in  a position  to  influence  the 
verdict. 

369.  The  Trial. — The  Senate  sits  as  a court,  as  be- 
fore explained.  The  ordinary  presiding  officer  occupies 
the  chair  on  the  trial,  save  in  the  one  excepted  case  of 
the  President.  At  first  the  House  of  Representatives  at- 
tends as  a body,  but  afterwards  only  the  five  managers 
are  expected  to  attend.  The  accused  may  attend  in 
person  and  speak  for  himself;  he  may  attend  in  person, 
but  entrust  the  management  of  his  cause  to  his  counsel; 
he  may  absent  himself  altogether,  and  either  leave  his 
cause  to  his  counsel  or  make  no  defense  whatever.  Wit- 
nesses may  be  brought  forward  to  establish  facts,  and 
all  other  kinds  of  legal  evidence  may  be  introduced.  The 
managers  and  the  counsel  of  the  accused  carry  on  the 
case  according  to  the  methods  established  in  legal  tribu- 
nals. When  the  case  and  the  defense  have  been  pre- 
sented, the  Senators  discuss  the  subject  in  its  various 
bearings,  and  then  vote  yea  or  nay  upon  the  various  arti- 
cles that  have  been  preferred.  The  trial  is  conducted 
with  open  doors,  but  the  special  deliberations  of  the 
Senate  are  carried  on  behind  closed  doors.  A copy  of 
the  judgment,  duly  certified,  is  deposited  in  the  office  of 
the  Secretary  of  State. 

370.  Punishment  in  Case  of  Conviction. — The 
Constitution  declares  that  judgment  in  cases  of  convic- 
tion shall  not  go  further  than  to  work  the  removal  of  the 
officer  convicted  from  his  office,  and  to  render  him  dis- 
qualified to  hold  and  enjoy  any  office  of  honor,  trust,  or 
profit  under  the  United  States.  It  declares  also  that  all 
persons  who  are  impeached  shall  be  removed  from  office 


THE  IMPEACHMENT  OF  CIVIL  OFFICERS.  319 

on  conviction  by  the  Senate.  Here  the  subject  is  left.  It 
is  therefore  for  the  Senate  to  say  whether,  in  a case  of 
conviction,  the  officer  convicted  shall  be  declared  dis- 
qualified to  hold  office  or  not,  in  the  future,  and  this  is  as 
far  as  the  discretion  of  the  Senate  extends.  Whatever  the 
punishment  may  be,  it  is  final  and  perpetual.  The  Pres- 
ident is  expressly  denied  the  power  to  grant  reprieves 
and  pardons  in  impeachment  cases.  This  is  because 
such  power,  once  lodged  in  his  hands,  would  be  peculiarly 
liable  to  abuse.  But  this  is  not  all.  If  the  crimes  or 
misdemeanors  of  which  an  officer  has  been  convicted  are 
contrary  to  the  general  laws,  he  is  still  liable  to  be  in- 
dicted, tried,  judged,  and  punished  by  a court  of  law 
just  as  though  he  had  not  been  impeached. 

37  I . Impeachment  Cases. — There  have  been  but 
eight  such  cases  in  the  whole  history  of  the  country. 
William  Blount,  Senator  from  Tennessee,  1797-98 ; John 
Pickering,  District  Judge  for  New  Hampshire,  1803-1804 ; 
Samuel  Chase,  Justice  of  the  Supreme  Court,  1804- 
1805;  James  Peck,  District  Judge  for  Missouri,  1829- 
1830;  W.  W.  Humphreys,  District  Judge  for  Tennessee, 
1862;  Andrew  Johnson,  President  of  the  United  States, 
1867  ; W.  W.  Belknap,  Secretary  of  War,  1876  ; Charles 
Swayne,  District  Judge  for  Northern  Florida,  1905. 
Only  Pickering  and  Humphreys  were  found  guilty. 


CHAPTER  XXIX. 


THE  GENERAL  POWERS  OF  CONGRESS. 

The  American  Government.  Sections  341-418. 

In  a free  country  the  legislative  branch  of  the  govern- 
ment tends  to  become  the  most  powerful  of  all  the 
branches,  overtopping  both  the  executive  and  the  judi- 
ciary. This  is  true  in  the  United  States.  The  powers 
of  Congress  are  divisible  into  general  and  special  pow- 
ers, of  which  the  first  are  by  far  the  more  important. 
The  general  powers  are  described  in  section  8,  Article  1, 
of  the  Constitution,  and  occupy  eighteen  clauses.  They 
will  now  be  described. 

372.  Taxation. — Revenue  is  the  life-  blood  of  govern- 
ment. The  first  Government  of  the  United  States  failed 
miserably,  and  largely  because  it  could  not  command 
money  sufficient  for  its  purposes.  When  the  present 
Government  was  constituted,  good  care  was  taken  to 
guard  this  point.  It  was  clothed  with  the  most  ample 
revenue  powers.  Congress  may,  without  limit,  lay  and 
collect  taxes  to  pay  the  debts  and  provide  for  the  common 
defense  and  general  welfare  of  the  United  States.  These 
taxes  are  of  two  kinds,  direct  and  indirect.  Direct 
taxes  are  taxes  on  land  and  incomes  and  poll  or  capita- 
tion taxes.  Here  the  taxes  are  paid  by  the  person  owning 
the  land  or  enjoying  the  income.  Taxes  on  imported 
goods,  called  custom  duties  and  sometimes  imposts, 
and  taxes  on  liquors  paid  at  the  distillery  or  brewery, 
and  on  cigars  and  tobacco  paid  at  the  factory,  are  indirect 
taxes.  Here  the  tax  is  added  to  the  price  of  the  article 

320 


THE  GENERAL  POWERS  OF  CONGRESS. 


321 


by  the  person  who  pays  it  in  the  first  instance,  and  it  is 
ultimately  paid  by  the  consumer.  Taxes  of  the  second 
class  are  collectively  known  as  internal  revenue  to 
distinguish  them  from  customs  or  duties,  which  might  be 
called  external  revenue.  The  term  excise,  used  in  the  Con- 
stitution, but  not  in  the  laws,  applies  to  this  great  group 
of  taxes.  They  are  collected  through  the  Internal 
Revenue  Office  in  the  Treasury  Department.  Direct 
taxes  have  been  levied  only  five  times  by  the  National 
Government.  Customs  and  internal  revenue  have  al- 
ways been  its  great  resources. 

373.  Special  Rules. — In  levying  taxes  Congress 
must  conform  to  several  rules  that  the  Constitution  pre- 
scribes. All  taxes  must  be  uniform  throughout  the  United 
States.  In  legislating  on  commerce  and  revenue,  Con- 
gress must  take  care  not  to  show  a preference  for  the 
ports  of  one  State  over  those  of  another  State.  Direct 
taxes,  like  Representatives,  must  be  apportioned  among 
the  States  according  to  population.  And  finally,  no  tax 
or  duty  can  be  laid  on  any  article  of  commerce  exported 
from  any  State. 

374.  Borrowing  Money — Bonds. — Public  expendi- 
tures cannot  always  be  met  at  the  time  by  the  public 
revenues.  It  becomes  necessary  in  emergencies  for  gov- 
ernments to  borrow  money  and  contract  debts.  Congress 
borrows  money  on  the  credit  of  the  United  States.  The 
principal  way  in  which  it  exercises  this  power  is  to  sell 
bonds.  These  bonds  are  the  promises  or  notes  of  the  Gov- 
ernment, agreeing  to  pay  specified  amounts  at  specified 
times  at  specified  rates  of  interest.  During  the  Civil 
War  more  than  five  billion  dollars  of  such  bonds  were 
sold,  many  of  them  to  replace  others  that  were  cancelled. 
At  the  present  time  a large  amount  of  Government  bonds 
is  outstanding. 


322  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

375.  Treasury  Notes. — Congress  also  authorizes  the 
issue  of  Treasury  notes,  called  by  the  Constitution  “ bills 
of  credit.  ” They  are  paid  out  by  the  Treasury  to  meet  the 
expenses  of  the  Government,  and  while  they  continue  to 
circulate  they  constitute  a loan  that  the  people  who  hold 
them  have  made  to  the  Government.  Such  notes  were 
occasionally  issued  before  the  Civil  War,  and  since  that 
event  they  have  played  a very  important  part  in  the 
history  of  the  National  finances.  In  1862  Congress 
authorized  the  issuance  of  Treasury  notes  that  should 
be  a legal  tender  in  the  payment  of  all  debts,  public  and 
private,  except  duties  on  imports  and  interest  on  the 
National  debt.  These  notes  were  not  payable  on  demand, 
or  at  any  particular  time;  they  did  not  bear  interest,  and 
were  not  for  the  time  redeemable  in  gold  or  silver,  which, 
since  1789,  had  been  the  only  legal-tender  currency  of 
of  the  country.  In  1879  the  Treasury,  in  obedience  to 
a law  enacted  several  years  before,  began  to  redeem 
these  notes  in  gold  on  presentation,  and  it  has  continued 
to  do  so  until  the  present  time.  Still  they  have  never 
been  retired  from  circulation,  or  been  cancelled  on 
redemption,  but  have  been  paid  out  by  the  Treasury  the 
same  as  other  money  belonging  to  the  government. 
They  are  popularly  called  “ greenbacks.” 

376.  Commerce. — Congress  has  power  to  regulate 
commerce  with  foreign  nations,  among  the  States,  and 
with  the  Indian  tribes.  The  exclusive  control  of  commerce 
by  the  States,  under  the  Confederation,  was  a principal 
cause  of  the  hopeless  weakness  of  that  government. 
(See  Chap.  XX.)  It  may  indeed  be  said  that  the  com- 
mercial necessities  of  the  country,  more  than  anything 
else,  compelled  the  formation  of  the  new  Government  in 
1789.  Tariff  laws,  or  laws  imposing  duties  on  imported 
goods,  are  regulations  of  commerce,  and  so  are  laws 


THE  GENERAL  POWERS  OF  CONGRESS. 


323 


imposing  tonnage  duties,  or  duties  on  the  carrying 
capacity  of  ships,  and  laws  prescribing  the  manner  in 
which  the  foreign  trade  of  the  country  shall  be  carried 
on.  The  construction  or  improvement  of  harbors,  the 
building  of  lighthouses,  surveys  of  the  coasts  of  the 
country,  and  laws  in  relation  to  immigration  all  come 
under  the  same  head.  In  order  the  better  to  regulate 
commerce  among  the  States,  Congress  created  the 
Interstate  Commerce  Commission,  and  it  has  passed  a 
law  in  relation  to  the  subject  of  trusts.  The  Constitu- 
tion lays  down  the  rule  that  vessels  bound  to  or  from 
one  State  shall  not  be  required  to  enter,  clear,  or  pay 
duties  in  another  State. 

377-  Naturalization. — All  persons  born  or  natural- 
ized in  the  United  States  and  subject  to  their  jurisdiction 
are  citizens  of  the  United  States,  and  of  the  State  in  which 
they  reside.  Citizenship,  or  the  state  of  being  a citizen, 
is  membership  in  the  state  or  body  politic.  Congress 
has  provided  that  a foreigner,  unless  he  belongs  to  the 
Mongolian  race,  may  become*  a citizen  or  be  naturalized, 
as  the  saying  is,  on  his  compliance  with  certain  condi- 
tions. A residence  of  five  years  is  necessary.  At  least 
two  years  before  his  admission  to  citizenship  the  alien 
must  declare  on  oath,  before  a court  of  record,  his  inten- 
tion to  become  a citizen.  On  the  expiration  of  the  two 
years,  he  must  sign  a petition  and  later  prove  to  the 
court  by  two  citizen  witnesses  that  he  has  resided  in 
the  United  States  at  least  five  years,  and  in  the  State  or 
Territory  at  least  one  year  ; that  he  is  a man  of  good 
moral  character  ; that  he  is  attached  to  the  Constitution, 
and  well  disposed  to  the  United  States.  If  not  a 
“ homesteader,”  he  must  be  able  to  speak  English.  He 
must  also  swear  to  support  the  Constitution,  must 
renounce  all  allegiance  to  any  foreign  state  or  prince, 


324  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

and  lay  aside  any  title  of  nobility  that  he  has  held.  He 
then  receives  a certificate  stating  that  he  is  a citizen  of 
the  United  States,  and  he  becomes  entitled  to  all  the 
rights  of  a native-born  citizen,  except  that  he  can  never 
be  President  or  Vice-President.  His  wife  and  his  chil- 
dren under  twenty-one  years  of  age  also  become  citizens. 
All  laws  in  relation  to  naturalization  must  be  uniform. 
The  States  may  confer  political  rights  upon  foreigners,  as 
the  right  to  own  land  and  vote  within  the  State,  but  they 
cannot  confer  citizenship. 

378.  Bankruptcies. — A person  who  is  insolvent,  or 
unable  to  pay  his  debts,  is  termed  a bankrupt;  and  a law 
that  divides  the  property  of  such  person  among  his  cred- 
itors and  discharges  him  from  legal  obligation  to  make 
further  payment,  is  termed  a bankrupt  law.  Congress 
has  power  to  pass  uniform  laws  in  relation  to  this  subject. 
It  has  passed  four  such  laws,  one  in  1800,  one  in  1840, 
one  in  1867,  and  one  in  1898.  The  first  three  were  in 
force  only  about  sixteen  years.  The  States  sometimes 
pass  insolvent  laws,  having  somewhat  the  same  effect 
as  bankrupt  laws,  but  they  are  always  subject  to  the 
National  bankrupt  law  when  there  is  one  in  force. 

379.  Coinage  of  the  United  States. — Congress 
coins  money  and  regulates  its  value  and  the  value  of  for- 
eign coin  circulating  in  the  country.  This  power,  taken 
in  connection  with  other  powers,  enables  Congress,  if  it 
chooses,  to  regulate  the  whole  subject  of  money.  At 
the  present  time  the  National  mints  are  open  to  all 
persons  for  the  coinage  of  gold.  Depositors  of  standard 
gold  are  charged  merely  the  value  of  the  copper  used  in 
alloying  the  coin.  The  gold  coins  of  the  Government 
are  the  double-eagle,  eagle,  half-eagle,  quarter-eagle, 
three-dollar  piece,  and  one-dollar  piece.  These  coins 
are  legal  tender  in  payment  of  all  debts,  public  and 


THE  GENERAL  POWERS  OF  CONGRESS. 


325 


private.1  Silver  coins  are  now  struck  at  the  mints  only 
on  account  of  the  Government,  and  not  on  account  of 
private  persons.  These  coins  are  the  half-dollar,  quar- 
ter-dollar,  and  dime,  which  are  legal  tender  for  debts 
not  exceeding  ten  dollars.  The  Government  also  strikes 
coins  of  base  metal  for  small  change;  the  five-cent 
piece  and  the  one-cent  piece,  which  are  legal  tender  in 
sums  not  exceeding  twenty-five  cents.  At  different  times 
still  other  coins  have  been  struck,  and  some  of  them  are 
still  in  circulation.  Mention  may  be  made  of  the  dollar, 
the  trade  dollar,  the  two-cent  piece,  and  the  half-dime. 

380.  The  Silver  Dollar. — The  silver  dollar  was  the 
original  money-unit  of  the  United  States.  It  was  coined, 
though  never  in  very  large  quantities,  from  the  founding 
of  the  mint  in  1792  until  1873,  when  it  was  dropped  from 
the  list  of  legal  coins.  This  fact  is  expressed  in  the 
phrase,  ‘ c silver  was  demonetized.”  The  minor  silver 
coins,  however,  were  produced  as  before.  Congress 
also  authorized  for  several  years  a new  coin,  called 
the  trade  dollar.  In  1878  Congress  restored  the  old 
silver  dollar  to  the  list  of  authorized  coins,  and  in- 
structed the  Secretary  of  the  Treasury  to  purchase  silver 
bullion  for  the  Government  and  to  coin  it  into  dollars, 
not  less  than  $2,000,000,  nor  more  than  $4,000,000,  a 
month.  These  dollars  were  also  made  a legal  tender. 
In  1890  Congress  passed  a further  act  instructing  the 
Secretary  to  purchase  4,500,000  ounces  of  silver  a month 
on  Government  account,  as  before,  and  to  coin  it  after 
July,  1891,  at  his  discretion.  In  1893  Congress  repealed 
the  purchase  clause  of  the  previous  act,  and  the  further 

1 Legal -tender  money  is  money  with  which  a debtor  can  legally 
pay  a debt;  that  is,  if  he  offers  or  tenders  this  money  to  his  credi- 
tor, and  his  creditor  refuses  to  take  it,  he  is  not  obliged  to  make 
other  payment 


326  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

coinage  of  silver  dollars  was  discontinued.  At  no  time 
since  1873  have  private  persons  been  permitted  to 
deposit  silver  at  the  mints  for  coinage. 

38  I . Fineness  and  Weight  of  Coins  and  Ratio  of 
Metals. — The  gold  and  silver  coins  of  the  United  States 
are  nine-tenths  fine;  that  is,  nine  parts  of  the  coins  are 
pure  metal  and  one  part  is  alloy.  This  is  called  standard 
metal.  Since  1834,  the  gold  dollar  has  contained  23.2  grs. 
of  pure  metal  and  25.8  grs.  of  standard  metal.  Since  1792 
the  silver  dollar  has  contained  371^  grs.  of  pure  metal, 
and  since  1837,  412*^  grs.  of  standard  metal.  It  is  com- 
mon to  call  the  last  named  coin  the  412*4  gr-  dollar.  The 
amount  of  pure  silver  in  a dollar’s  worth  of  the  minor 
coins  is  347.22  grs.,  and  of  standard  silver  385.8  grs.  The 
ratio  of  the  gold  dollar  to  tfie  silver  dollar  is  popularly 
said  to  be  1 to  16.  Exactly  it  is  1 to  15.988.  This 
has  been  the  legal  ratio  since  1837.  When  it  was  estab- 
lished Congress  assumed  that  16  grs.  of  silver  (nearly 
so)  were  equal  to  one  grain  of  gold  in  value. 

382.  Gold  and  Silver  Certificates. — To  dispense 

with  the  necessity  of  handling  so  much  metallic  money, 
Congress  has  provided  for  the  issuance  of  gold  and  silver 
certificates.  One  of  these  certificates  is  simply  a state- 
ment that  in  consequence  of  the  deposit  of dol- 

lars of  gold  or  silver,  as  the  case  may  be,  in  the  Treasury, 
the  Government  will  pay  the  holder  of  the  certificate  the 
corresponding  amount.  These  certificates  pass  as  money, 
but  are  not  a legal  tender. 

383.  Counterfeiting. — Congress  provides  by  law  for 
punishing  counterfeiting  the  coin  and  securities  of  the 
United  States,  its  notes,  bonds,  etc.  The  term  counter- 
feiting includes  (1)  manufacturing  or  forging  coins  or 
paper  securities;  (2)  putting  forged  coins  or  securities 
in  circulation;  and  (3)  having  them  in  possession  for 


THE  GENERAL  POWERS  OF  CONGRESS.  327 

that  purpose.  A person  guilty  of  any  one  of  these  three 
offenses  is  punishable  on  conviction  by  a fine  of  not 
more  than  $5,000  and  by  imprisonment  at  hard  laborfor 
not  more  than  ten  years.  Counterfeiting  the  notes  of 
the  National  banks,  letters  patent,  money  orders,  postal 
cards,  stamped  envelops,  etc.,  is  punishable  by  severe 
penalties;  as  is  also  counterfeiting  the  coins  and  securi- 
ties of  foreign  governments. 

384.  The  Independent  Treasury.  — Previous  to 
1846,  save  for  a short  period,  the  Government  had  no 
treasury  of  its  own,  but  kept  its  money  in  the  banks  and 
checked  it  out  as  it  had  occasion.  In  the  year  named  a 
treasury  was  established  in  the  Treasury  Building  at 
Washington,  provided  with  rooms,  vaults,  and  safes,  and 
a Treasurer  was  appointed.  Subtreasuries  were  also 
established  in  the  principal  cities  of  the  country  and 
put  in  charge  of  officers  known  as  Subtreasurers.  Sub- 
treasuries are  now  to  be  found  in  New  York,  Boston, 
Philadelphia,  Baltimore,  Cincinnati,  Chicago,  St.  Louis, 
New  Orleans,  and  San  Francisco. 

385.  The  National  Banks. — In  1863  and  1864  Con- 
gress provided  for  the  creation  of  the  present  system  of 
National  banks,  which  have  played  so  important  a part 
in  the  business  of  the  country.  These  banks  are  directly 
managed  by  boards  of  directors  chosen  by  their  stock- 
holders, but  they  are  supervised  by  the  Comptroller  of 
the  Treasury,  whose  office  is  established  in  the  Treasury 
Department.  Their  notes  or  bills,  which  are  fully 
secured  by  National  bonds  belonging  to  the  banks  that 
are  deposited  in  the  office  of  the  Comptroller  at  Wash- 
ington, constitute  a National  currency. 

386.  Weights  and  Measures. — Congress  has  power 
to  fix  tne  standard  of  weights  and  measures,  but  has  never 
fully  exercised  the  power.  In  general  the  standards  in 


328  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

use  are  the  same  as  those  in  use  in  England.  The  Eng- 
lish brass  Troy  pound  is  the  legal  Troy  pound  at  the 
mints,  while  the  Imperial  avoirdupois  pound  and  the 
wine  gallon  rest  upon  usage.  Congress  has  authorized 
the  use  of  the  metric  system  of  weights  and  measures, 
but  has  not  made  it  compulsory. 

387-  The  Postal  Service. — Congress  has  created 
the  vast  postal  system  of  the  country,  the  cost  of  which 
in  the  year  1906  was  more  than  $178,000,000.  The  mails 
are  carried  by  contractors.  Postmasters  paid  $1,000  or 
more  a year  are  appointed  by  the  President  for  a term 
of  four  years;  all  others  by  the  Postmaster-General  at 
his  pleasure.  A great  majority  of  the  postmasters  do 
not  receive  regular  salaries,  but  a percentage  on  the 
income  of  their  offices.  Towns  having  gross  post-office 
receipts  of  $10,000  or  more  have  free  mail  delivery  by 
letter-carriers.  In  such  towns,  and  at  all  houses  within  a 
mile  of  a post-office,  letters  bearing  a special  10-cent 
stamp  are  delivered  by  a special  carrier  immediately  on 
their  receipt.  Letters  may  also  be  registered  to  secure 
their  greater  safety  in  delivery,  on  payment  of  an  8-cent 
fee.  Money  orders  are  also  sold  by  certain  post-offices 
called  money-order  offices,  which  to  a limited  extent 
take  the  place  of  money  in  the  transaction  of  business. 

388-  Rates  of  Postage. — There  are  four  classes  of 
domestic  mail  matter  bearing  different  rates  of  postage. 
All  postage  must  be  prepaid  in  the  form  of  stamps. 

1.  Letters,  postal  cards,  and  other  written  matter, 
and  all  packages  that  are  closed  to  inspection.  Save 
on  postal  cards  and  drop  letters  mailed  at  non-delivery 
offices,  the  rate  is  two  cents  an  ounce  or  fraction  of  an 
ounce. 

2.  Periodicals,  magazines,  etc.  The  rate  on  matter 
of  this  class  when  sent  from  a registered  publishing 


THE  GENERAL  POWERS  OF  CONGRESS. 


329 


office,  or  a news  agency,  is  one  cent  a pound;  when  sent 
otherwise,  it  is  one  cent  for  every  four  ounces. 

3.  Books,  authors’  copy  accompanying  proof-sheets, 
etc.,  are  charged  one  cent  for  two  ounces  or  fraction  of 
the  same. 

4.  Merchandise  limited  to  4-pound  packages  is 
charged  one  cent  an  ounce. 

389.  Copyrights  and  Patent  Rights. — For  pro- 
moting science  and  the  arts,  Congress  provides  that  au- 
thors may  copyright  their  works  and  inventors  patent 
their  inventions  for  limited  times.  The  author  of  a book, 
chart,  engraving,  etc.,  by  means  of  a copyright,  enjoys 
the  sole  liberty  of  printing,  publishing,  and  selling  the 
same  for  twenty-eight  years,  and  on  the  expiration  of 
this  time  he,  if  living,  or  his  wife  or  his  children  if  he  be 
dead,  may  have  the  right  continued  fourteen  years 
longer.  An  inventor  also,  by  means  of  letters  patent, 
enjoys  the  exclusive  right  to  manufacture  and  sell  his 
invention  for  seventeen  years,  and  on  the  expiration 
of  that  period  the  Commissioner  of  Patents  may  ex- 
tend the  right,  if  he  thinks  the  invention  sufficiently 
meritorious.  Copyrights  are  obtained  from  the  head  of 
the  Library  of  Congress,  patent  rights  from  the  head  of 
the  Patent  Office,  both  at  Washington.  The  cost  of  a 
copyright  is  one  dollar  and  two  copies  of  the  book  or 
other  work.  The  cost  of  a patent  right  is  $35.00.  Every 
article  that  is  copyrighted  or  patented  must  be  appro- 
priately marked. 

390.  Piracies  and  Felonies. — Congress  defines  the 
punishment  of  piracies  and  felonies  on  the  high  seas,  and 
offenses  against  the  Law  of  Nations.  In  a general  sense 
piracy  is  robbery  or  forcible  depredation  of  property  on 
the  seas,  but  Congress  has  by  law  declared  seme  other 
acts,  as  engaging  in  the  slave  trade,  to  be  piracy. 


330  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

Felonies,  strictly  speaking,  are  crimes  punishable  by 
death.  The  Law  of  Nations  is  a body  of  rules  and 
regulations  that  civilized  nations  observe  in  their  inter- 
course one  with  another.  The  high  seas  are  the  main 
sea  or  ocean,  which  the  law  of  nations  limits  by  a line 
drawn  arbitrarily  at  one  marine  league,  or  three  miles, 
from  the  shore. 

391.  Powers  of  Congress  in  Relation  to  War. — 
Congress  has  the  power  to  declare  war,  which  in  mon- 
archical countries  is  lodged  in  the  Crown.  It  raises  and 
supports  armies.  It  provides  a navy.  It  makes  rules  for 
the  government  of  the  army  and  navy.  It  provides  for 
calling  out  the  militia  of  the  States  to  execute  the  laws  of 
the  Union,  to  suppress  insurrection,  and  repel  invasion. 
It  provides  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  the  government  of  such  of  them  as  may 
be  called  into  the  service  of  the  United  States;  but  the 
States  have  authority  to  appoint  the  officers  and  to  train 
the  militia  according  to  the  discipline  that  Congress  has 
prescribed.  These  powers  are  very  far-reaching.  Act- 
ing under  the  laws  of  Congress,  President  Lincoln, 
in  the  course  of  the  Civil  War,  called  into  the  service 
of  the  Union  fully  3,000,000  men.  A navy  counting 
hundreds  of  vessels  was  also  built.  At  present  the 
army  consists  of  less  than  100,000  officers  and  enlisted 
men.  The  navy  of  Civil  War  times  soon  became  anti- 
quated; but  since  about  1885  a fine  modern  navy  has 
been  built, — one  of  the  great  armaments  of  the  world. 
The  soldiers  of  the  United  States  are  divided  into  the 
regular  troops  and  the  militia.  The  former  are  in 
constant  service;  the  latter  are  the  citizen  soldiery  en- 
rolled and  organized  for  discipline  and  called  into  service 
only  in  emergencies.  In  the  fullest  sense  of  the  word, 
the  militia  are  the  able-bodied  male  citizens  of  the  States 


THE  GENERAL  POWERS  OF  CONGRESS. 


331 


between  the  ages  of  eighteen  and  forty-five.  The  Pres- 
ident cannot  call  them  into  active  service  for  a longer 
period  than  nine  months  in  any  one  year.  In  service, 
they  are  paid  the  same  as  the  regular  troops. 

392.  The  Federal  District. — Previous  to  1789  the 
United  States  had  no  fixed  seat  of  government,  and  Con- 
gress sat  at  several  different  places.  The  resulting  evils 
led  the  Convention  of  1787  to  authorize  Congress  to  exer- 
cise an  exclusive  legislation  over  a district,  not  more  than 
ten  miles  square,  that  particular  States  might  cede  and 
Congress  might  accept  for  a capital.  The  cession  of 
Maryland  and  the  acceptance  of  Congress  made  the  Dis- 
trict of  Columbia  the  Federal  District,  and  an  act  of 
Congress  made  Washington  the  Capital  of  the  Union. 
The  various  branches  of  the  Government  were  established 
there  in  1800.  The  District  is  now  governed  by  a board 
of  three  commissioners,  two  appointed  by  the  President 
and  Senate,  and  one  an  engineer  of  the  army  who  is 
detailed  by  the  President  for  that  purpose.  Congress 
pays  one-half  the  cost  of  government,  the  people  of  the 
District  the  other  half.  Congress  also  has  jurisdiction 
over  places  within  the  States  that  have  been  purchased 
for  forts,  arsenals,  magazines,  dock-yards,  and  other 
needful  public  buildings. 

393.  Necessary  Laws. — It  must  be  borne  in  mind 
that  the  government  of  the  United  States  is  a government 
of  delegated  powers.  Still  these  powers  are  not  all 
expressly  delegated.  There  are  powers  delegated  by 
implication,  as  well  as  powers  delegated  in  words.  Con- 
gress is  expressly  authorized  to  make  all  laws  that  are 
necessary  for  carrying  into  effect  the  powers  that  have 
been  described  above,  and  all  other  powers  that  the 
Constitution  vests  in  the  Government  of  the  United 
States,  or  any  department  or  officer  of  that  Government. 


332  THE  government  of  the  united  states. 

Congress  improves  harbors,  erects  lighthouses,  builds 
post-offices  and  custom  houses,  and  does  a thousand 
other  things  that  are  not  particularly  named  in  the  Con- 
stitution, because  in  its  judgment  they  are  necessary  to 
the  execution  of  powers  that  are  particularly  named. 
The  power  to  establish  post-roads  and  post-offices,  for 
example,  or  to  create  courts,  involves  the  power  to  build 
buildings  suitable  for  these  purposes.  This  is  known  as 
the  doctrine  of  implied  powers. 

Looking  over  the  general  powers  of  legislation  that 
are  vested  in  Congress,  described  above,  we  see  how 
necessary  they  are  to  a strong  and  efficient  government. 
They  are  the  master  power,  the  driving  force,  of  our 
whole  National  system.  If  these  eighteen  clauses  were 
cut  out  of  the  Constitution,  that  system  would  be  like  a 
steamship  without  an  engine. 


CHAPTER  XXX. 


ELECTION  OF  THE  PRESIDENT  AND  THE  VICE-PRESIDENT. 

The  American  Government.  Sections  446-474. 

It  is  the  business  of  the  Executive  Department  of  the 
Government  to  enforce  the  laws  that  the  Legislative  De- 
partment makes.  Government  in  a free  country  begins 
with  law-making,  but  it  ends  with  law-enforcing.  We 
are  now  to  examine  in  two  or  three  chapters  the  National 
Executive. 

394.  The  Presidency. — Congress  consists  of  two 
Houses,  and  each  house  consists  of  many  members,  but 
the  Executive  office  is  single,  entrusted  to  one  person. 
The  Constitution  vests  the  executive  power  in  the  Presi- 
dent of  the  United  States.  This  difference  is  due  to  the 
nature  of  the  things  to  be  done.  Legislation  demands 
varied  knowledge,  comparison  of  views,  and  deliberation. 
Administration  calls  for  vigor,  unity  of  purpose,  and  sin- 
gleness of  responsibility.  The  burden  of  National  ad- 
ministration is  imposed  upon  the  shoulders  of  one  man. 

395.  Presidential  Electors. — The  President  and  the 
Vice-President  are  elected  by  Electors  appointed  for  that 
purpose.  Each  State  appoints,  in  such  manner  as  its 
Legislature  may  determine,  a number  of  Electors  equal 
to  the  whole  number  of  its  Senators  and  Representa- 
tives in  Congress.  Early  in  the  history  of  the  Govern- 
ment, different  modes  of  appointing  Electors  were 
followed.  Since  the  Civil  War,  with  a single  exception, 
there  has  been  only  one  mode.  All  the  States  now  pro- 
ceed in  the  same  way.  This  is  to  submit  the  question  to 

333 


334  THE  government  of  the  united  states. 

the  people  of  the  States  at  a popular  election.  With 
this  point  clearly  in  mind,  we  shall  go  forward  to  de- 
scribe the  whole  series  of  steps  that  are  taken  in 
electing  the  President  and  the  Vice-President  of  the 
United  States. 

396.  Presidential  Nominations. — Government  in 
the  United  States,  as  in  other  free  countries,  is  carried  on 
by  means  of  political  parties.  These  party  organizations 
desire  to  elect  the  President  and  control  the  Government. 
They  hold  National  conventions,  generally  in  the  period 
June-August  of  the  year  before  a President  is  to  take  his 
seat,  to  nominate  candidates  for  President  and  Vice- 
President,  and  to  adopt  a statement  of  party  doctrines 
or  principles  called  a platform.  These  conventions  are 
constituted  under  fixed  rules,  and  are  convoked  by 
National  committees.  The  Republican  and  Democratic 
conventions  consist  each  of  four  delegates-at-large  from 
every  State,  and  twice  as  many  district  delegates  as  the 
State  has  members  in  the  House  of  Representatives. 
As  a rule  the  delegates-at-large  are  appointed  by  State 
party  conventions,  and  the  district  delegates  by  district 
conventions.  In  the  Republican  convention  a majority 
vote  suffices  to  nominate  candidates;  in  the  Democratic 
convention  the  rule  is  two-thirds. 

397.  Electoral  Tickets. — The  next  step  is  to  make 
up  the  State  Electoral  tickets.  First,  State  conventions 
name  two  Electors  for  the  State  called  Electors-at-large, 
or  Senatorial  Electors.  The  conventions  that  name  the 
delegates-at-large  to  the  National  conventions  may,  and 
often  do,  name  also  the  candidates  for  Electors-at-large. 
Next  district  Electors  are  put  in  nomination,  one  from 
a Congressional  district,  generally  by  district  conven- 
tions. The  names  of  the  candidates  put  in  nomination 
by  a given  party  brought  together  constitute  the  State 


ELECTION  OF  PRESIDENT  AND  VICE-PRESIDENT.  335 


party  ticket.  No  Senator  or  Representative,  or  other 
person  holding  an  office  of  trust  or  profit  under  the 
United  States,  can  be  appointed  an  Elector. 

The  two  steps  that  have  been  described  belong  wholly 
to  the  field  of  voluntary  political  action.  The  Consti- 
tution and  the  laws  have  nothing  whatever  to  do  with 
them. 

398.  Choice  of  Electors.— Congress  fixes  the  day 
upon  which  the  Electors  are  chosen.  It  is  the  same  in  all 
States,  Tuesday  following  the  first  Monday  of  Novem- 
ber, the  day  on  which  members  of  the  House  of  Represen- 
tatives are  generally  elected.  Persons  who  may  vote  for 
State  officers  and  for  Representatives  may  also  vote  for 
Electors.  State  officers  conduct  the  election,  and  the 
Governor  gives  the  successful  candidates  their  certifh 
cates  of  election.  The  appointment  of  the  Electors  is 
popularly  called  the  Presidential  election.  It  is  so  in 
fact  but  not  in  law.  In  point  of  law  the  people  do  nol 
elect  the  President  and  the  Vice  President,  but  only  Elec- 
tors who  elect  them.  In  point  of  fact,  as  we  shall  soon 
see,  they  do  both.  All  that  the  National  authority  has 
done  up  to  this  point  is  to  fix  the  time  of  the  appoint- 
ment of  Electors.  Hereafter  that  authority  directs  every 
step  in  the  process. 

399.  Meeting  of  the  Electors. — On  the  second  Mon- 
day of  January,  following  their  appointment,  the  Electors 
meet  at  their  respective  State  capitals  to  vote  for  Presi- 
dent and  Vice-President.  They  name  in  their  ballots 
the  person  for  whom  they  vote  as  President,  and  in 
distinct  ballots  the  person  for  whom  they  vote  as  Vice- 
President.  No  Elector  can  vote  for  persons  for  both 
offices  from  the  same  State  that  he  himself  resides  in:  one 
at  least  of  the  two  candidates  must  belong  to  another 
State,  The  voting  over,  the  Electors  make  distinct  lists 


336  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

of  all  persons  voted  for  as  President,  and  of  all  persons 
voted  for  as  Vice-President,  and  of  the  number  of  votes 
for  each,  which  lists  they  sign,  certify,  and  seal.  Three 
copies  of  these  lists  are  made.  Two  of  them  they  send 
to  Washington  addressed  to  the  President  of  the  Senate, 
one  by  mail  and  one  by  a special  messenger.  The  other 
copy  they  deliver  to  the  Judge  of  the  United  States 
District  Court  for  the  district  in  which  they  meet  and 
vote.  Congress  by  law  names  the  day  on  which  the 
Electors  give  their  votes,  and  it  must  be  uniform  through- 
out the  Union.  The  casting  of  their  ballots  by  the  Elec- 
tors is  the  formal  but  not  the  real  Presidential  election. 

400.  Counting  the  Electoral  Votes. — On  the  sec- 
ond Wednesday  of  February,  theday  named  by  Congress, 
the  Senate  and  the  House  of  Representatives  meet  in  the 
hall  of  the  House  to  witness  the  counting  of  the  Elec- 
toral votes.  The  President  of  the  Senate  presides,  the 
Speaker  of  the  House  sitting  by  his  side.  He  opens  the 
certificates  of  votes  and  hands  them  to  tellers  appointed 
by  the  Houses,  who  read  and  count  the  votes.  The 
President  of  the  Senate  declares  the  result.  The  person 
having  the  greatest  number  of  votes  cast  for  President, 
if  a majority  of  all,  is  declared  President;  the  person 
having  the  greatest  number  of  votes  for  Vice-President, 
if  a majority  of  all,  is  declared  Vice-President. 

40  I . Election  of  the  President  by  the  House. — If 
no  person  has  received  for  President  the  votes  of  a major- 
ity of  all  the  Electors  appointed,  the  House  of  Represen- 
tatives must  immediately  choose  the  President  from  the 
three  candidates  who  have  had  the  most  votes  for  that 
office.  This  election  is  by  ballot.  The  votes  are  taken  by 
States,  the  Representatives  from  a State  having  one  vote. 
Nevada  balances  New  York,  Delaware  Pennsylvania. 
A quorum  to  conduct  the  election  consists  of  a member 


ELECTION  OF  PRESIDENT  AND  VICE-PRESIDENT.  337 


or  members  from  two-thirds  of  the  States,  and  a majority 
of  all  the  States  is  necessary  to  a choice.  Twice  has  the 
House  of  Representatives  chosen  the  President,  Thomas 
Jefferson  in  1801  and  John  Quincy  Adams  inl825.  Both 
of  these  elections  were  attended  by  great  excitement. 

If  the  House  fails  to  choose  a President,  when  the 
choice  devolves  upon  that  body,  by  March  4 following, 
then  the  Vice-President  acts  as  in  the  case  of  death, 
removal,  or  resignation  of  the  President. 

402.  Election  of  the  Vice-President  by  the  Sen- 
ate.— If  no  person  voted  for  as  Vice-President  has  a 
majority  of  all  the  Electors  appointed,  then  the  Senate 
shall  choose  to  that  office  one  of  the  two  candidates 
standing  highest  on  the  list  of  candidates  for  the  Vice- 
Presidency.  A quorum  for  this  purpose  consists  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a majority 
of  all  the  Senators  is  necessary  to  a choice. 

403.  Miscellaneous  Provisions. — The  Electors  ap- 
pointed from  a State  are  often  called  a college;  the  Elec- 
tors from  all  the  States  the  Electoral  colleges.  Most  of 
the  States  have  empowered  their  colleges  to  fill  vacancies 
that  may  occur  in  their  number.  In  1887  Congress 
passed  an  act  to  provide  for  and  regulate  the  counting  of 
votes  for  President  and  Vice-President,  and  the  decision 
of  questions  arising  thereon.  This  law  gives  the  States 
jurisdiction  over  disputed  appointments  of  Electors.  It 
also  prescribes  the  method  of  proceeding  when  plural 
returns  are  made  from  any  State  and  in  cases  where 
objections  are  made  to  a single  return.1 

1 The  method  of  electing  President  and  Vice-President  outlined 
above,  is  that  prescribed  by  the  Constitution  as  originally  framed, 
together  with  the  Twelfth  Amendment.  For  the  change  intro- 
duced by  this  Amendment,  see  the  Amendment  in  connection  with 
Article  II,  section  1,  clause  3,  of  the  Constitution  at  first  framed. 


338  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

404.  The  Electoral  System. — When  the  framers  of 
the  Constitution  devised  the  method  of  election  by  means 
of  Electoral  colleges,  they  assumed  that  the  Electors 
would  be  picked  bodies  of  men,  who  would  vote  for 
the  best  men  for  President  and  Vice-President,  regard- 
less of  popular  feeling  and  private  interest.  It  may 
be  said  that  in  the  case  of  Washington  the  plan 
worked  as  they  expected,  but  since  his  second  adminis- 
tration it  has  never  done  so.  No  other  part  of  the 
Constitution  has  proved  so  disappointing  as  the  method 
of  electing  the  President.  In  1804  the  Constitution  was 
amended  to  correct  evils  that  had  declared  themselves 
in  the  election  of  1800;  but  the  Twelfth  Amendment, 
while  accomplishing  its  immediate  purpose,  did  not 
prevent  the  whole  plan  becoming  a miserable  failure. 
The  men  of  1787  did  not  foresee  the  part  that  politics  and 
political  parties  would  play  in  American  affairs.  As  we 
have  seen,  the  President  and  Vice-President  are  really 
named  by  one  of  the  two  great  political  conventions. 
The  Electors  are  not  chosen  to  exercise  their  own  best 
judgment,  but  to  cast  their  ballots  for  the  party  candi- 
dates. When  once  elected,  the  Electors  are  not  legally 
bound  to  vote  for  these  candidates,  for  the  Constitution 
and  laws  make  no  mention  of  parties  and  conventions; 
but  they  are  bound  as  party  men  and  as  men  of  honor, 
for  they  have  consented  to  be  elected  dn  this  under- 
standing. As  the  system  works,  they  have  no  free  will 
whatever,  and  practically  the  Electoral  colleges  are 
pieces  of  useless  political  machinery. 


CHAPTER  XXXI. 


THE  PRESIDENT’S  QUALIFICATIONS,  TERM.  AND  REMOVAL. 

The  American  Government.  Sections  450;  476-4.82. 

405.  Qualifications.  — The  President  must  be  a 
natural-born  citizen  of  theUnited  States.  He  must  have 
attained  the  age  of  thirty-five  years,  and  have  been  a 
resident  of  the  country  fourteen  years  at  the  time  of  his 
election.  The  Vice-President  must  have  the  same 
qualifications  as  the  President. 

406.  Length  of  Term. — The  term  of  office  of  both 
the  President  and  the  Vice-President  is  four  years,  a nd  the 
two  officers  are  eligible  to  successive  re-elections.  It  has 
often  been  contended  that  it  would  be  better  to  give  the 
President  a term  of  six  or  seven  years,  and  then  make 
him  ineligible  to  a second  election. 

407.  The  President’s  Salary. — This  is  fixed  by  Con- 
gress. From  1789  to  1873  it  was  $25,000  a year;  since 
1873  it  has  been  $50,000.  Congress  also  provides  the 
President  the  furnished  house  known  as  the  White  House 
for  an  official  residence.  The  President’s  salary  can 
neither  be  increased  nor  diminished  after  he  has  entered 
on  the  duties  of  his  office.  The  first  of  these  two  prohi- 
bitions makes  it  impossible  for  him  to  enter  into  bargains 
with  members  of  Congress,  whereby  they  shall  receive 
something  that  they  deem  desirable,  at  the  same  time  that 
his  compensation  is  increased.  The  second  prohibition 
makes  it  impossible  for  Congress  to  reduce  his  compen- 
sation, and  so  to  make  the  President  its  dependent  or 
creature.  All  changes  in  the  salary  must  therefore  be 
prospective.  Still  further,  the  President  cannot,  during 

339 


340  THE  GOVERNMENT  OF  THE  UNITED  STATES, 

his  continuance  in  office,  receive  any  other  public  emol- 
ument than  his  salary,  such  as  a gift  or  present  from 
the  United  States  or  from  any  State.  The  salary  of  the 
Vice-President  is  $12,000. 

408.  The  President’s  Oath.  — Before  entering  on 

the  duties  of  his  office,  the  President  must  take  the  fol- 
lowing oath  or  affirmation:  “ I do  solemnly  swear  (or 

affirm)  that  I will  faithfully  execute  the  office  of  Presi- 
dent of  the  United  States,  and  will,  to  the  best  of  my 
ability,  preserve,  protect,  and  defend  the  Constitution 
of  the  United  States.”  This  oath  is  in  general  a defini- 
tion of  the  President’s  duties.  He  is  exclusively  an 
executive  officer.  The  occasion  on  which  the  President 
takes  this  oath  is  popularly  called  his  inauguration,  and 
is  marked  by  a good  deal  of  parade  and  ceremony.  The 
custom  now  is  to  conduct  the  inauguration  on  the  East 
Front  of  the  Capitol  at  Washington.  The  Chief  Justice 
administers  the  oath,  and  the  President  delivers  an 
address  called  his  inaugural  address.  With  the  excep- 
tion of  the  oath,  none  of  these  ceremonies  are  required 
by  the  Constitution  or  the  laws,  and  they  might  be 
dispensed  with.  It  is  also  customary  for  the  Vice- 
President  to  take  his  oath  in  the  Senate  Chamber  and 
to  deliver  a short  speech  to  the  Senators. 

409.  The  Vice-President.  — The  only  reason  for 
creating  the  office  of  Vice-President  was  to  have  a proper 
officer  at  hand  who  could  succeed  to  the  Presidency  in 
the  case  of  a vacancy.  The  Vice-President  becomes  Pres- 
ident when  the  President  is  removed,  dies,  resigns,  or  is 
unable  to  discharge  the  powers  and  duties  of  his  office. 
The  President  can  be  removed  only  by  conviction  on  im- 
peachment. If  he  resigns  he  must  file  his  resignation  in 
writing  in  the  office  of  the  Secretary  of  State.  Just  what 
inability  to  discharge  the  duties  of  his  office  is,  has  never 


president’s  qualifications,  term,  removal.  341 

been  settled.  President  Garfield  performed  but  one  ex- 
ecutive act  from  July  2,  1881,  to  his  death,  which  occurred 
September  19  following.  It  was  much  discussed  at  the 
time  whether  a case  of  inability  had  arisen,  but  with  no 
practical  results.  Five  Vice-Presidents  have  become 
Presidents  by  succeeding  to  the  office.  When  the 
Vice-President  becomes  President,  he  succeeds  to  all 
the  powers,  dignities,  responsibilities,  and  duties  of  the 
office  for  the  unexpired  portion  of  the  term  and  ceases  to 
be  Vice-President.  The  Constitution  provides  that  the 
Vice-President  shall  be  the  President  of  the  Senate,  but 
this  is  merely  for  the  purpose  of  giving  dignity  and  con- 
sequence to  an  officer  who,  for  the  most  part,  would 
otherwise  have  nothing  to  do. 

4 J O.  The  Presidential  Succession.  — Who  shall 
succeed  to  the  Chief  Executive  office  in  case  both  the 
President  and  Vice-President  die,  resign,  are  removed, 
or  are  unable  to  perform  the  duties  of  the  office  ? The 
Constitution  says  that  Congress  shall  by  law  provide  for 
such  a case,  declaring  what  officer  shall  act  as  President 
until  the  disability  be  removed  or  a President  be  elected. 
The  present  law,  which  dates  from  1886,  declares  that 
first  the  Secretary  of  State  shall  succeed,  then  the  Sec- 
retary of  the  Treasury  in  case  of  his  death,  removal,  etc. ; 
afterwards  the  Secretary  of  War,  the  Attorney-General, 
the  Postmaster-General,  the  Secretary  of  the  Navy,  and  the 
Secretary  of  the  Interior ( American  Government,  p.  267), 
in  this  order.  No  one  of  these  officers,  however,  can  suc- 
ceed unless  he  has  been  confirmed  by  the  Senate  and 
has  all  the  qualifications  that  are  required  of  the  Presi- 
dent. If  one  of  them  succeeds  he  fills  the  unexpired 
portion  of  the  term  the  same  as  the  Vice-President. 
However,  a case  of  the  removal,  etc.,  of  both  the  Presi- 
dent and  the  Vice-President  has  never  yet  occurred. 


CHAPTER  XXXII. 


THE  PRESIDENT’S  POWERS  AND  DUTIES. 

The  American  Government . Sections  483-511. 

As  is  remarked  in  another  place,  the  oath  that  the 
President  takes  on  his  inauguration  is  a general  defini- 
tion of  his  duties.  Still  the  Constitution  declares  further 
that  he  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted, and  shall  commission  all  officers  of  the  United 
States.  More  than  this,  it  describes  his  duties  with  more 
or  less  detail. 

411.  Army  and  Navy. — The  President  is  comman- 
der-in-chief  of  the  army  and  navy  of  the  United  States, 
and  of  the  Militia  of  the  States  also  when  they  are  called 
into  the  National  service.  The  effective  control  of  the 
National  forces  requires  unity  of  judgment,  decision,  and 
responsibility.  It  is  obvious  that  a congress  or  a cabinet 
would  be  a very  poor  body  to  place  at  the  head  of  an 
army.  The  power  entrusted  to  the  President  is  a great 
one,  but  he  cannot  well  abuse  it  so  long  as  Congress 
alone  can  declare  war,  raise  and  support  the  army,  pro- 
vide the  navy,  make  rules  for  the  government  of  the 
military  and  naval  forces,  and  provide  by  law  under 
what  conditions  the  President  may  call  out  the  militia. 
The  President  delegates  to  chosen  officers  his  authority 
to  command  the  army  and  the  navy  in  actual  service. 

412.  The  Pardoning  Power. — Power  to  try,  convict, 
and  pass  judgment  upon  persons  charged  with  crimes  and 
offenses  under  the  laws  of  the  United  States  is  lodged  in 
the  courts  alone.  But  courts  sometimes  commit  mis- 

342 


THE  PRESIDENT*  S POWERS  AND  DUTIES.  343 


takes,  and  sometimes  special  circumstances  arise  that 
make  it  proper  to  exercise  clemency  towards  persons 
who  are  undergoing  punishment  for  crime.  Again,  it 
may  be  wise  to  exercise  clemency  while  the  offender  is 
on  trial,  or  even  before  trial  begins.  So  the  President 
is  authorized  to  grant  reprieves  and  pardons  for  offenses 
against  the  United  States,  except  in  cases  of  impeach- 
ment. A reprieve  is  a temporary  suspension  of  punish- 
ment that  has  been  decreed;  a pardon  is  a full  release 
from  punishment  either  before  or  after  it  has  been  decreed. 
Commonly,  however,  a pardon  comes  after  conviction. 

4 1 3.  Treaties. — A treaty  is  a solemn  engagement  or 
contract  entered  into  between  two  or  more  sovereign  or 
independent  states.  They  relate  to  such  subjects  as  com- 
merce and  trade,  the  rights  of  citizens  of  one  country  in 
the  other,  etc.  Treaties  also  deal  with  the  graver  sub- 
jects of  peace  and  war.  The  power  to  enter  into  a treaty 
properly  belongs  to  the  executive  branch  of  govern- 
ment, as  dispatch,  secrecy,  and  unity  of  purpose  are 
called  for.  As  it  might  be  dangerous  in  a republic  to 
lodge  the  power  exclusively  in  the  Executive’s  hands,  it 
is  provided  that  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  have  power  to  make 
treaties  with  foreign  states. 

4 1 4.  Mode  of  Making  a Treaty. — Commonly  the 
steps  that  are  taken  are  the  following:  First,  the  treaty  is 
negotiated  or  agreed  upon  by  the  powers.  The  nego- 
tiation is  conducted  on  the  part  of  our  Government  by 
the  Secretary  of  State,  a minister  residing  at  a foreign 
capital,  or  a minister  or  commissioner  appointed  for  the 
purpose.  The  President,  acting  through  the  Depart- 
ment of  State,  directs  the  general  course  of  the  negotia- 
tion. Secondly,  the  treaty,  when  it  has  been  negotiated, 
Is  wholly  in  the  President’s  hands.  If  he  disapproves 


344  THE  government  of  the  united  states. 

of  it,  he  may  throw  it  aside  altogether.  If  he  approves 
it,  or  is  in  doubt  whether  he  should  approve  it  or  not, 
he  submits  it  to  the  Senate  for  its  advice.  Thirdly,  the 
treaty  is  now  wholly  in  the  Senate’s  hands,  except  that 
the  President  may  at  any  time  that  he  chooses  withdraw 
it  from  the  Senate’s  further  consideration.  The  Senate 
may  approve  or  disapprove  the  treaty  as  a whole,  it  may 
propose  amendments,  or  it  may  refuse  to  act  at  all.  If 
the  Senate  amends  the  treaty  it  is  practically  a new  one, 
and  both  the  President  and  the  foreign  power  must 
assent  to  it  in  its  new  form.  The  fourth  step  is  an  ex- 
change of  ratifications.  This  is  a formal  act  by  which 
the  powers  concerned  signify  that  all  the  steps  re- 
quired to  make  the  treaty  binding  have  been  taken. 
Finally,  the  President  publishes  the  treaty  and  by  pro- 
clamation declares  it  to  be  a part  of  the  law  of  the  land. 
The  Senate  considers  treaties  in  executive  session,  and 
its  advice  and  consent  in  most  cases  is  merely  approval 
or  disapproval  of  what  the  President  has  done.  A two- 
thirds  vote  of  the  Senate  is  necessary  for  the  ratification 
of  a treaty. 

4 l 5.  Appointment  of  Officers.  — The  President 
nominates,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  appoints  ambassadors,  other  public  ministers, 
and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States  that  are  provided  for  by  law, 
unless  the  Constitution  itself  provides  for  them.  Con- 
gress may,  however,  place  the  appointment  of  such  in- 
ferior officers  as  it  thinks  proper  in  the  President  alone, 
in  the  heads  of  Departments,  and  in  the  courts.  The 
President  appoints  his  private  secretary  and  clerks.  The 
appointment  of  a somewhat  larger  number  of  officers  is 
placed  in  the  courts,  while  the  appointment  of  a very 
great  number  is  vested  in  the  heads  of  the  Executive 


THE  PRESIDENT’S  POWERS  AND  DUTIES.  345 

Departments.  Thus,  the  appointment  of  all  postmasters 
whose  salary  is  less  than  $1,000  is  placed  in  the  hands 
of  the  Postmaster-General.  When  all  these  exceptions 
have  been  made,  a large  number  of  appointments  still 
remains  to  be  made  by  the  President  and  the  Senate. 

4 3 6.  Mode  of  Appointment. — The  first  step  to  be 
taken  in  filling  an  office  is  for  the  President  to  make  a 
nomination  in  writing  to  the  Senate,  specifying  the  office 
and  naming  the  officer.  The  Senate  refers  the  nomination 
to  its  proper  committee,  as  of  a judge  to  the  Committee 
on  the  Judiciary,  or  of  a foreign  minister  or  consul  to 
the  Committee  on  Foreign  Relations.  The  committee 
investigates  the  subject  and  reports  the  nomination  back 
to  the  Senate,  either  with  or  without  a recommenda- 
tion that  the  nomination  be  confirmed.  The  Senate  then 
grants  or  withholds  its  confirmation,  as  it  is  called.  The 
Senate  acts  in  such  a case,  as  in  the  case  of  treaties,  in 
executive  session.  If  the  Senate  refuses  to  confirm,  the 
President  makes  a second  nomination,  and  so  on  until 
the  place  is  filled.  The  Senate  sometimes  refuses  to 
confirm  a nomination  if  the  Senators  from  the  State 
where  the  office  is,  or  one  of  them,  objects  to  it.  This 
is  especially  the  case  when  the  Senator  or  Senators  be- 
long to  the  political  party  that  for  the  time  has  a major- 
ity of  the  body.  This  custom,  which  is  wholly  without 
support  of  law,  is  known  as  the  courtesy  of  the  Senate. 

4 3 7.  Ambassadors  and  Other  Public  Ministers. — 
Public  ministers  are  representatives  that  one  state  or 
nation  sends  to  another  to  look  after  its  interests.  Ambas- 
sadors are  the  highest  rank  of  ministers.  The  other  grades 
are  envoys  extraordinary  or  ministers  plenipotentiary, 
ministers-resident,  commissioners,  and  charges  d'affaires . 
The  United  States  now  have  ambassadors  at  the  capi- 
tals of  ten  or  more  important  countries,  and  represent- 


346  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

atives  of  inferior  grade  at  many  other  capitals.  The 
salaries  paid  these  representatives,  who  are  collectively 
called  the  diplomatic  service,  range  from  $5,000  to 
$17,500.  The  duties  and  rights  of  ministers  are  defined 
by  the  Law  of  Nations,  called  also  International  Law. 

418.  Receiving  Ministers. — It  is  the  duty  of  the 
President  to  receive  ambassadors  and  other  public  min- 
isters sent  by  foreign  powers  to  our  Government.  This 
ceremony  involves  the  recognition  of  the  power  from 
which  the  minister  comes,  and  also  his  own  recognition  as 
a man  acceptable  to  the  United  States.  The  President 
can  refuse  to  receive  a minister  because  he  is  personally 
objectionable,  and  can  dismiss  him  for  the  same  reason. 

4 1 9.  Consuls. — The  duties  of  consuls  are  fixed  by 
treaties  and  by  the  municipal  law  of  the  nation  appoint- 
ing them.  In  general  it  may  be  said  that  they  look  after 
the  commercial  interests  of  the  country  at  large,  and  as- 
sist their  countrymen  in  obtaining  commercial  rights  and 
privileges.  They  also  perform  many  other  duties.  They 
are  business  agents  and  do  not  rank  as  ministers.  Some- 
times, however,  diplomatic  duties  are  entrusted  to  them. 
A consul-general  exercises  supervision  over  the  consuls 
of  his  country  within  the  country  to  which  he  is  sent, 
or  within  some  designated  portion  of  it.  The  President 
appoints  about  60  consuls-general  and  about  250  consuls. 
They  receive  salaries,  ranging  from  $2000  to  $12,000  a 
year. 

420.  Military  and  Naval  Officers. — Unless  other- 
wise provided  by  law,  military  and  naval  officers  are 
appointed  in  the  same  manner  as  civil  officers.  Still  the 
President,  as  commander-in-chief,  has  exclusive  control 
of  the  commands  to  which  they  are  assigned.  He  assigns 
officers  to  their  places  of  duty,  and  removes  them  for 
what  he  deems  sufficient  reasons.  Since  1866  the  law 


THE  PRESIDENT’S  POWERS  AND  DUTIES.  347 

has  been  that  no  officer  in  the  military  or  naval  service 
shall,  in  time  of  peace,  be  dismissed  from  service  except 
upon,  and  in  pursuance  of,  the  sentence  of  a court-mar- 
tial, or  in  commutation  thereof. 

42  I . Removal  from  Office. — The  President  has  the 
power  of  removal  as  well  as  of  appointment.  When  the 
Senate  is  in  session  a removal  is  made  in  the  following 
way:  The  President  sends  to  the  Senate  a nomination, 
just  as  though  the  office  were  not  already  filled.  If  the 
Senate  confirms  this  nomination,  the  President  then  com- 
missions the  officer  and  he  enters  upon  the  duties  of  his 
office.  The  former  incumbent  holds  the  office  until  the 
last  of  these  steps  has  been  taken.  If  the  Senate 
refuses  to  confirm,  the  President  must  send  in  a second 
nomination  or  allow  the  incumbent  to  remain  undis- 
turbed. In  a recess  of  the  Senate  a removal  is  made 
in  a somewhat  simpler  way.  The  President  now  ap- 
points directly,  and  at  the  same  time  gives  the  appointee 
his  commission,  who  enters  upon  his  office  at  once. 
When  the  Senate  meets  at  its  next  session,  the  Presi- 
dent must  send  to  that  body,  for  its  action,  the  name  of 
the  appointee.  If  the  Senate  confirms  the  nomination, 
that  is  the  end  of  the  matter.  If  it  refuses  to  confirm, 
the  President  must  then  make  a second  nomination.  In 
either  case  the  removal  of  the  former  incumbent  is  final 
and  absolute. 

422.  Vacancies. — When  a vacancy  in  any  office  oc- 
curs while  the  Senate  is  in  session,  the  President  makes 
a nomination,  and  matters  proceed  just  as  explained  in 
the  last  paragraph.  When  the  vacancy  occurs  in  a recess 
of  the  Senate,  the  President  appoints  and  commissions 
the  officer,  and  the  Senate  acts  on  the  nomination  at  its 
next  session  just  as  in  the  case  of  a removal  made  in  the 


recess. 


348  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

423.  The  Civil  Service. — The  persons  who  serve  the 
Government  in  civil  or  non-military  capacities  are  collect- 
ively called  the  civil  service.  They  are  divided  into  two 
classes  called  officers  and  employes.  The  two  classes  are 
not  Separated  by  any  consistent  rule  or  practice.  Officers, 
who  are  much  inferior  in  numbers  to  employes,  are  ap- 
pointed and  removed.  Employes  are  employed  and  dis- 
charged, not  appointed  and  removed.  Laborers  in  the 
navy  yards,  arsenals,  and  the  like  are  employes;  so  are 
many  persons  in  continued  service  at  custom  houses  and 
in  other  offices  as  well  as  many  clerks.  In  1893  the  civil 
service  consisted  of  about  200,000  persons.  Of  these 
69,000  were  postmasters  and  40,000  others  served  in  the 
Post-office  Department.  Twenty-two  thousand  were 
workmen.  The  others  were  distributed  among  the  other 
Departments  of  the  Government. 

424.  Civil  Service  Reform. — Until  a short  time  ago 
it  was  the  custom  for  the  President  and  others  who  were 
clothed  with  the  appointing  power  to  make  appoint- 
ments and  removals  of  officers  for  political  reasons. 
The  same  practice  prevailed  also  in  respect  to  employes. 
On  a change  of  the  administration,  and  especially  when 
it  involved  a change  of  party,  great  numbers  of  officers 
and  employes  would  be  removed  or  discharged  to  make 
room  for  others.  A Democratic  administration  was 
expected  to  turn  out  the  Republicans,  and  a Republican 
administration  to  turn  out  the  Democrats.  This  was 
called  the  spoils  system.  Soon  after  the  Civil  War 
the  civil  service  began  to  attract  the  attention  of  the 
country.  Men  saw  that  the  spoils  system  was  ac- 
companied by  great  abuses  and  corruption.  In  1882 
an  act  was  passed  under  which  the  service  has  been 
materially  reformed.  This  act  does  not  apply  to  any 
office  where  the  joint  action  of  the  President  and 


THE  PRESIDENT’S  POWERS  AND  DUTIES.  349 

Senate  is  required  to  make  an  appointment.  It  pro- 
vides that  in  the  Departments  at  Washington,  and 
in  custom-houses  and  post-offices  where  as  many  as 
fifty  clerks  are  employed,  appointments  shall  be  made 
by  reason  of  merit  or  fitness.  Competitive  exam- 
inations are  held,  and  when  a new  appointment  is 
to  be  made  in  any  Department  or  office,  as  to  fill  a 
vacancy,  it  must  be  filled  from  the  four  persons  stand- 
ing highest  on  the  list  of  those  who  have  passed  the 
examinations.  This  is  called  the  eligible  list.  Every 
State  or  Territory  is  entitled  to  its  fair  share  of  the  ap- 
pointments, and  no  person  can  be  finally  appointed  until 
he  has  served  a probation  of  six  months.  This  is  called 
the  merit  system.  The  President,  in  the  exercise  of  his 
discretion  as  the  executive  head  of  the  Government,  has 
extended  this  system  to  many  classes  of  officers  and 
employes  that  the  law  does  not  in  terms  include.  Men- 
tion may  be  made  of  the  Government  Printing  Office 
and  of  the  Postal  Railway  Service. 

425.  The  President’s  Message. — The  President  is 
required  to  give  Congress  information  of  the  state  of 
the  Union  from  time  to  time,  and  to  recommend  to  its 
consideration  such  measures  as,  in  his  judgment,  are 
necessary  and  expedient  for  the  good  of  the  country. 
At  the  opening  of  each  session  of  Congress,  he 
sends  to  the  Houses  a written  communication  that  is 
styled  a message,  conveying  such  information  and 
making  such  recommendations.  He  also  sends  in  from 
time  to  time  special  messages,  conveying  special  infor- 
mation or  recommendations  as  occasion  requires.  The 
communications  in  which  the  President  makes  nomina- 
tions, transmits  treaties  to  the  Senate,  and  assigns  his 
reasons  for  refusing  to  sign  bills  are  also  known  as 
messages.  The  heads  of  the  several  Departments  make 


350  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

annual  reports  to  the  President,  and  these  the  President 
transmits  at  the  same  time  that  he  sends  in  his  annual 
message.  Collectively  they  are  called  the  Executive 
Documents. 

426.  Special  Sessions  of  Congress.— The  Presi- 
dent, on  extraordinary  occasions,  may  call  the  Houses  of 
Congress  together  in  special  session.  In  such  cases  he 
transmits  a message  explaining  why  he  does  so,  and 
recommending  such  action  as  he  thinks  necessary  to  be 
taken.  He  may  also  convene  either  House  of  Congress 
alone,  and  it  is  the  custom  for  the  President,  just  before 
retiring  from  office,  to  issue  a proclamation  calling  the 
Senate  together  immediately  following  the  inauguration 
of  his  successor.  This  gives  the  new  President  an 
opportunity  to  nominate  his  Cabinet  and  such  other 
officers  as  he  thinks  important  to  appoint  at  that  time. 
No  President  has  ever  found  it  necessary  to  call  the 
House  of  Representatives  by  itself. 


CHAPTER  XXXIII. 


THE  EXECUTIVE  DEPARTMENTS. 

The  American  Government.  Sections  5/ 1-524.. 

The  executive  business  of  the  Government  is  trans- 
acted through  the  nine  Executive  Departments, 
that  Congress  has  by  law  created.  The  President’s 
office  in  the  White  House  exists  only  for  his  per- 
sonal convenience  and  is  not  an  office  of  record.  All 
the  public  records  are  kept  in  the  Departments  through 
which  the  business  is  transacted.  The  Departments  are 
established  in  Government  buildings  in  Washington. 
The  names  of  the  Departments,  with  the  dates  of  their 
establishment,  are  as  follows:  State,  Treasury,  War, 
Justice,  formerly  called  the  Office  of  the  Attorney 
General,  and  Post-Office,  1789;  Navy,  1798;  Interior, 
1849;  Agriculture,  1889;  and  Commerce  and  Labor, 
1903.  The  heads  of  these  Departments  all  receive  the 
same  salary,  $12,000  a year. 

427.  Department  of  State. — At  the  head  of  this  De- 
partment stands  the  Secretary  of  State,  who  is  considered 
the  head  of  the  Cabinet.  There  are  also  three  Assistant 
Secretaries  of  State.  Under  the  direction  of  the  President, 
the  Secretary  conducts  the  foreign  and  diplomatic 
business  of  the  country.  The  originals  of  all  treaties, 
laws,  and  foreign  correspondence  are  in  his  custody. 
He  also  has  in  his  possession  the  seal  of  the  United 
States,  and  affixes  it  to  public  documents  that  require 
it,  and  also  authenticates  the  President’s  proclamations 
with  his  signature.  The  business  of  the  Department 
is  conducted  through  various  bureaus,  such  as  the  Bureau 

351 


352  THE  GOVERNMENT  OF  THE  UNITED  STATES. 


of  Indexes  and  Archives,  the  Diplomatic  and  the  Con- 
sular Bureaus,  etc. 

428.  Department  of  the  Treasury. — The  Secretary 
of  the  Treasury  proposes  plans  for  the  public  revenues 
and  credit,  prescribes  the  manner  of  keeping  the  public 
accounts,  superintends  the  collection  of  the  revenue, 
issues  warrants  for  the  payment  of  moneys  appropriated 
by  Congress,  and  makes  an  annual  report  of  the  state 
of  the  finances.  The  several  auditors  of  the  Department 
examine  and  settle  the  accounts  of  the  different  branches 
of  the  public  service.  The  Comptroller  supervises  the 
work  of  the  auditors.  The  Register  signs  all  bonds, 
notes,  silver  and  gold  certificates,  etc.,  of  the  United 
States,  and  keeps  a record  of  them.  The  Treasurer  has 
the  moneys  of  the  Government  in  his  custody,  receiving 
and  disbursing  them.  The  Comptroller  of  the  Currency 
looks  after  the  National  Banks,  and  the  Commissioner  of 
Internal  Revenue  after  that  part  of  the  public  service. 
There  are  also  directors  of  the  Mint  and  of  the  Bureau 
of  Engraving  and  Printing.  The  head  of  the  Depart- 
ment is  assisted  by  three  Assistant  Secretaries. 

429.  Department  of  War.— The  Secretary  of  War 
directs  the  military  affairs  of  the  Government.  He 
superintends  the  purchase  of  military  supplies,  directs 
army  transportation  and  the  distribution  of  stores,  has 
the  oversight  of  the  Military  Academy  at  West  Point, 
and  looks  after  the  supply  of  arms  and  munitions  of  war. 
The  Chief  of  Staff  is  the  Secretary’s  professional  adviser, 
and  supervises  the  ten  bureaus  of  the  Department, 
namely,  those  of  the  Adjutant,  Inspector,  Judge-Advo- 
cate,  Quartermaster,  Commissary,  Paymaster,  and  Sur- 
geon Generals,  the  Chief  of  Engineers,  the  Chief  of 
Ordnance,  and  the  Chief  Signal  Officer.  There  is  also 
an  Assistant  Secretary  of  War. 


THE  EXECUTIVE  DEPARTMENTS. 


353 


430.  Department  of  Justice. — The  head  of  this  De- 
partment is  the  Attorney-General,  who  is  the  responsible 
adviser  of  the  President  and  the  heads  of  the  other 
Executive  Departments  on  matters  of  law.  He  and  his 
assistants  look  after  the  interests  of  the  Government  in 
the  courts,  prosecuting  or  defending  law  suits  to  which 
the  United  States  are  a party,  and  passing  upon  the  titles 
of  all  lands  purchased  by  the  Government  for  forts  or 
public  buildings.  There  are  in  the  Department  a 
Solicitor  General,  several  Assistant  Attorney-Generals,  a 
Solicitor  of  the  Treasury,  a Solicitor  of  Internal  Rev- 
enue, a Solicitor  for  the  Department  of  State,  and  many 
other  assistants.  The  District  Attorneys  in  the  differ- 
ent judicial  districts  are  also  under  the  direction  of  the 
Attorney-General. 

43  1 . Post  - Office  Department.  — Subject  to  the 
President,  the  Postmaster-General  is  the  head  of  the  vast 
postal  service  of  the  country.  He  has  a larger  number  of 
subordinates  than  all  the  other  heads  of  Departments 
together.  The  First  Assistant  Postmaster-General  has 
general  charge  of  post-offices  and  postmasters  and  their 
appointment  and  instruction,  of  bonds  and  commis- 
sions, salaries  and  allowances,  and  the  city  free  de- 
livery system.  The  Second  Assistant  has  charge  of 
the  transportation  of  mails,  including  contracts,  inspec- 
tion, railway  adjustments,  mail  equipment,  railway  mail 
service,  and  foreign  mails.  The  Third  Assistant  has 
general  charge  of  the  finances  of  the  department,  includ- 
ing accounts  and  drafts,  postage  stamps  and  stamped 
envelopes,  registered  letters,  and  classification  of  mail 
matter.  The  Fourth  Assistant  has  general  charge  of  the 
rural  free  delivery  system,  post-office  supplies  (blanks, 
stationery,  etc.),  dead  letters,  and  the  making  of  post- 
route maps. 


354  THE  government  of  the  united  states. 

432.  Department  of  the  Navy. — The  Secretary  of 
the  Navy  stands  to  this  Department  in  the  same  relation 
that  the  Secretary  of  War  stands  to  the  War  Department. 
There  is  one  Assistant  Secretary.  The  several  bureaus 
of  the  department  are:  Yards  and  Docks,  Equipment, 
Navigation,  Ordnance,  Medicine  and  Surgery,  Supplies 
and  Accounts,  Steam  Engineering,  Construction  and 
Repair.  The  Military  Academy  at  Annapolis  is  also 
subject  to  the  Secretary  of  the  Navy. 

433.  Department  of  the  Interior. — The  business  in- 
trusted to  the  Department  of  the  Interior  is  more  mis- 
cellaneous and  diversified  in  character  than  that  intrusted 
to  any  other  Department.  The  Secretary  has  general 
oversight  of  the  Patent  Office,  General  Land  Office, 
Bureau  of  Pensions,  Indian  affairs,  and  the  Office  of 
Education.  The  most  extensive  of  these  subordinate 
offices  is  that  of  Pensions,  which  disburses  $140,000,000 
annually.  The  Commissioner  of  Education  collects  facts 
and  statistics  in  regard  to  education  and  publishes  them 
in  an  annual  report.  There  are  two  Assistant  Secre- 
taries of  the  Interior. 

434.  Department  of  Agriculture. — It  is  the  duty  of 
the  Secretary  of  Agriculture  to  diffuse  among  the  people 
useful  information  on  the  subject  of  agriculture,  in  the 
most  general  and  comprehensive  sense  of  that  term. 
He  has  the  supervision  of  all  quarantine  regulations 
for  the  detention  and  examination  of  cattle  exported 
and  imported  that  may  be  subject  to  contagious  diseases. 
The  Weather  Bureau,  over  which  “ Old  Probabilities  ” 
presides,  is  in  this  Department.  There  is  one  Assistant 
Secretary. 

434a.  Department  of  Commerce  and  Labor. — It  is 
the  duty  of  this  Department  to  promote  “the  foreign 
and  domestic  commerce,  the  mining,  manufacturing, 


THE  EXECUTIVE  DEPARTMENTS. 


355 


shipping,  and  fishery  industries,  the  labor  interests,  and 
the  transportation  facilities.  ” This  it  does  largely  by 
the  publication  of  statistics  and  other  information.  It 
also  enforces  the  laws  for  the  protection  and  regulation 
of  commerce.  Among  the  Bureaus  included  in  this 
Department  are  those  of  Statistics,  Manufactures,  Cor- 
porations, Labor,  Immigration,  and  Navigation,  the 
Lighthouse  Board,  the  Census  Office,  and  the  Commis- 
sion of  Fish  and  Fisheries.  At  the  head  of  the  Depart- 
ment is  the  Secretary  of  Commerce  and  Labor;  there 
is  also  an  Assistant  Secretary. 

435.  The  Cabinet.— The  heads  of  the  nine  Depart- 
ments constitute  what  is  called  the  Cabinet.  This 
name,  however,  is  a popular  and  not  a legal  one.  The 
law  creates  the  Departments  and  defines  the  duties  of 
their  heads.  The  Constitution  empowers  the  President 
to  call  for  the  opinions  in  writing  of  these  officers  on  mat- 
ters relating  to  their  several  duties.  The  heads  of  De- 
partments are  responsible  to  the  country  so  far  as  their 
duties  are  definedby  law;  for  the  rest  they  are  respon- 
sible to  the  President.  They  meet  frequently  with  the 
President  to  discuss  public  business.  The  President 
defers  more  or  less,  as  he  pleases,  to  the  views  that  they 
offer,  as  he  does  to  the  views  that  they  expressed  singly 
in  writing  or  in  conversation,  but  the  Cabinet  as  such 
has  no  legal  existence  and  is  not  responsible.  No 
official  record  is  made  of  its  meetings.  The  Constitution 
makes  the  President  alone  accountable  for  the  faithful 
execution  of  the  laws.  Heads  of  Departments  hold 
their  offices  subject  to  the  President’s  will;  but  he  holds, 
with  exceptions  given,  four  years.1 

1 See  the  Cabinet  and  the  President’s  responsibility.  See  The 
American  Government , paragraphs  52 2,  523.  524,  and  Note . 


CHAPTER  XXXIV. 


THE  JUDICIAL  DEPARTMENT. 

The  American  Government.  Sections  525-577. 

The  third  of  the  independent  branches  of  the  Govern- 
ment of  the  United  States  created  by  the  Constitution  is 
the  Judiciary.  Its  functions  and  organization  will  now 
be  described. 

436.  Judicial  Power  Defined. — It  is  the  business 
of  the  judiciary  to  interpret  the  law  and  apply  it  to  the 
ordinary  affairs  of  life.  The  judiciary  does  not  make  the 
law,  but  it  declares  what  is  law  and  what  is  not.  This  it 
does  in  the  trial  of  cases,  popularly  called  lawsuits.  A 
case  is  some  subject  of  controversy  on  which  the  judicial 
power  can  act  when  it  has  been  suomitted  in  the  man- 
ner prescribed  by  law.  It  is  particularly  to  be  noted 
that  the  judicial  power  is  strictly  limited  to  the  trial  and 
determination  of  cases.  Some  cases  involve  questions 
of  law,  some  questions  of  fact,  some  questions  of  both  fact 
and  law,  and  all  come  within  the  scope  of  the  judicial 
power.  A court  is  a particular  organization  of  judicial 
power  for  the  trial  and  determination  of  cases  at  law. 

437.  Vesting  the  Judicial  Power. — The  judicial 
power  of  the  United  States  is  vested  in  one  Supreme 
Court  and  in  such  inferior  courts  as  Congress  sees  fit  to 
ordain  and  establish.  The  Constitution  thus  creates  the 
Supreme  Court,  and  it  also  provides  that  its  head  shall 
be  the  Chief  Justice  of  the  United  States.  At  the 
present  time  the  inferior  courts  are  the  District  Court, 
the  Circuit  Court,  the  Circuit  Court  of  Appeals,  the 

356 


THE  JUDICIAL  DEPARTMENT. 


357 


Court  of  Claims,  and  the  Courts  of  the  District  of 
Columbia  and  the  Territories. 

438.  Extent  of  the  Judicial  Power. — The  judicial 
power  is  co-extensive  with  the  sphere  of  the  National 
Government.  It  embraces  all  cases  that  may  arise  under 
the  Constitution  and  the  laws  of  the  United  States,  and 
the  treaties  entered  into  with  foreign  nations.  It  includes 
all  cases  affecting  ambassadors,  other  public  ministers, 
and  consuls;  all  cases  of  admiralty  and  maritime  juris- 
prudence; cases  to  which  the  United  States  are  a party; 
cases  that  arise  between  two  or  more  States,  or  between 
a State  and  foreign  states;  cases  between  citizens  of 
different  States,  and  cases  between  citizens  of  the  same 
State  who  claim  lands  granted  by  different  States,  and 
cases  between  citizens  of  a State  and  foreign  states, 
citizens,  or  subjects. 

439.  Kinds  of  Jurisdiction. — A court  has  jurisdic- 
tion of  a case  or  suit  at  law  when  it  may  try  it,  or  take  some 
particular  action  with  regard  to  it.  There  are  several 
kinds  of  jurisdiction.  A court  has  original  jurisdiction 
of  a case  when  the  case  may  be  brought  or  begun  in  that 
court.  It  has  appellate  jurisdiction  when  it  may  re-hear 
or  re-examine  a case  that  has  been  decided  or  has 
been  begun  in  some  inferior  court.  The  methods  by  which 
this  is  done  are  called  appeal  and  writ  of  error.  An 
appeal  brings  up  the  whole  question,  both  law  and  fact, 
for  re-examination;  a writ  of  error,  the  law  only.  A 
court  has  exclusive  jurisdiction  of  a case  when  it  is  the 
only  court  that  can  try  it  or  can  dispose  of  it  in  some 
particular  manner.  Two  or  more  courts  have  concurrent 
jurisdiction  of  a case  when  either  one  may  try  it,  pro- 
vided the  case  comes  properly  before  it. 

440.  The  District  Court. — Congress  has  created 
seventy -nine  Judicial  Districts,  in  each  one  of  which  a Dis- 


358  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

trict  Court  is  organized.  There  is  at  least  one  district  in 
every  State,  and  in  the  most  populous  States  there  are 
two  or  more.  A few  of  the  District  judges  preside  over 
two  districts;  but  as  a rule  each  district  has  its  own 
judge,  besides  a District  Attorney,  who  is  the  local 
law  officer  of  the  Government,  a Clerk  who  keeps  the 
records  of  the  court  and  issues  legal  papers  under  its 
seal,  and  a Marshal  who  is  the  executive  officer  of  the 
court.  A District  court  must  hold  at  least  two  terms 
every  year.  It  has  a limited  range  of  jurisdiction  in  civil 
cases,  and  especially  in  admiralty  and  maritime  juris- 
prudence; that  is,  in  matters  relating  to  shipping  and 
navigation.  It  also  has  jurisdiction  of  many  crimes 
and  offenses  committed  in  the  district. 

441.  The  Circuit  Court. — The  seventy-nine  districts 
are  grouped  in  nine  Circuits.  The  first  circuit  contains 
four  States  and  four  districts,  the  second  three  States  and 
six  districts,  and  so  on.  One  of  the  justices  of  the  Supreme 
Court  is  assigned  to  each  circuit,  and  is  called  the  Cir- 
cuit Justice.  There  are  also  two  or  more  Circuit  judges 
in  each  of  the  nine  circuits.  The  Circuit  court  sits  from 
time  to  time  in  every  district  that  the  circuit  contains.  It 
may  be  held  by  the  Circuit  Justice,  by  one  of  the  Circuit 
judges,  or  by  the  District  judge  of  the  district  where  the 
court  is  for  the  time  sitting,  or  by  any  two  of  these  sitting 
together.  The  district  attorneys,  clerks,  and  marshals 
mentioned  before  serve  these  courts  also.  The  Circuit 
court  has  original  jurisdiction  in  civil  cases  where  the 
amount  in  controversy  is  $2,000,  not  counting  costs,  in 
copyright  and  patent  cases,  and  many  others.  It  has 
original  jurisdiction  in  criminal  cases,  and  in  capital 
cases  an  exclusive  one.  Once  it  was  also  a Court  of 
Appeals  from  the  District  court,  but  its  appellate  juris- 
diction has  been  abolished. 


THE  JUDICIAL  DEPARTMENT. 


359 


442.  The  Circuit  Court  of  Appeals.— In  every  cir- 
cuit there  is  also  a Circuit  Court  of  Appeals.  It  consists 
of  three  judges,  of  whom  two  constitute  a quorum.  The 
Circuit  Justice,  the  Circuit  judges,  and  the  District  judges 
of  the  circuit  are  competent  to  sit  in  this  court.  The  last, 
however,  can  sit  only  for  the  purpose  of  making  a quorum 
in  the  absence  of  the  Circuit  Justice  or  of  one  or  both  of 
the  Circuit  judges.  The  law  designates  the  places  where 
these  courts  shall  be  held.  First  circuit,  Boston;  second, 
New  York;  third,  Philadelphia;  fourth,  Richmond, 
Virginia;  fifth,  New  Orleans;  sixth,  Cincinnati;  seventh, 
Chicago;  eighth,  St.  Louis,  and  ninth,  San  Francisco. 
The  Circuit  Court  of  Appeals  can  review  many  decisions 
made  by  the  Districts  and  Circuit  courts.  In  patent, 
revenue,  criminal,  and  admiralty  cases  its  decisions  are 
final.  These  courts  are  exclusively  courts  of  appeals, 
and  they  were  created  expressly  to  relieve  the  Supreme 
Court  of  a part  of  its  business. 

443.  The  Court  of  Claims. — The  Government  of  the 
United  States  carries  on  vast  business  operations,  and, 
as  is  natural,  points  of  dispute  are  constantly  arising. 
Formerly  a person  having  a claim  against  the  Govern- 
ment that  the  Executive  Departments  could  not  or  would 
not  pay,  had  no  redress  but  to  go  to  Congress  for  relief. 
This  was  unsatisfactory  both  to  claimants  and  to  the 
Government.  To  meet  this  difficulty,  the  Court  of 
Claims  was  created  and  was  given  jurisdiction  over  cer- 
tain classes  of  claims  against  the  Government.  The 
method  of  procedure  is  for  the  claimant  to  enter  a suit 
in  court,  which  is  regularly  tried  and  determined.  If 
judgment  is  rendered  against  the  Government,  Congress 
appropriates  money  to  pay  it.  This  court  consists  of  a 
Chief  Justice  and  four  Associate  Justices,  and  sits  only 
in  Washington.  Congress  has  also  vested  a limited 


360  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

jurisdiction  in  respect  to  claims  in  the  District  and 
Circuit  courts  also. 

444.  The  Federal  District  and  the  Territories.— 
Congress  has  established  special  courts  for  the  District  of 
Columbia  and  the  Territories.  The  Supreme  Court  of 
the  District  consists  of  a Chief  Justice  and  five  Associate 
Justices,  any  one  of  whom  may  hold  a court  with  power 
similar  to  that  exercised  by  the  District  judges  in  the 
States.  The  Territorial  judicial  system  is  similar  to 
this,  but  the  judges  are  fewer  in  number. 

445.  The  Supreme  Court.— The  Supreme  Court  con- 
sists of  the  Chief  Justice  of  the  United  States  and  eight 
Associate  Justices.  It  holds  one  regular  term  each  year 
at  Washington,  beginning  the  second  Monday  of  Octo- 
ber. This  court  has  original  jurisdiction  in  all  cases 
relating  to  ambassadors  and  other  public  ministers  and 
consuls,  and  those  to  which  a State  is  a party.  It  has 
appellate  jurisdiction,  both  as  to  law  and  fact,  in  all 
cases  originating  in  the  inferior  courts,  save  such  as 
Congress  by  law  shall  except.  Nearly  all  the  cases  that 
the  Supreme  Court  passes  upon  are  appellate  cases. 
Appeals  may  be  made  to  it,  and  writs  of  error  lie  to  it, 
from  the  District  and  Circuit  courts,  from  the  Court  of 
Appeals,  and  from  the  Supreme  Courts  of  the  Federal 
District  and  the  Territories. 

446.  Appointment  of  Judges. — The  National  judges 
are  appointed  by  the  President  by  and  with  the  advice 
and  consent  of  the  Senate.  The  appointments  are  for 
good  behavior,  by  which  expression  official  behavior  is 
meant.  Nothing  is  more  necessary  to  a judicial  system 
than  the  independence  of  the  judges.  If  they  were 
elected  by  the  popular  vote,  they  might  court  the  popu- 
lar favor  to  secure  an  election.  If  they  served  for  fixed 
periods,  they  might  court  the  Senate  and  President  to 


THE  JUDICIAL  DEPARTMENT.  36 1 

secure  re-appointment.  The  courts  of  the  Federal 
District  and  of  the  Territories  do  not  come  within  the 
Constitutional  provisions.  However,  Congress  has 
made  the  tenure  of  the  first  good  behavior,  and  of  the 
second  a term  of  four  years. 

447.  Pay  of  the  Judges. — The  salary  of  a judge  can 
not  be  diminished  while  he  continues  in  office,  but  it  may 
be  increased.  If  Congress  could  reduce  the  judge’s  salary 
after  he  had  entered  upon  his  term,  it  might  control  his 
action  and  make  him  dependent  upon  its  will.  The 
salary  of  the  Chief  Justice  is  $13,000;  of  the  Associate 
Justices,  $12,500;  of  the  Circuit  Judges,  $7,000;  and 
of  District  Judges,  $6,000.  Any  judge  who  has  held  his 
commission  ten  years  and  has  attained  to  the  age  of 
seventy,  may  resign  his  office  and  continue  to  draw  his 
salary  during  the  remainder  of  his  life. 

448.  Concurrent  Jurisdiction  of  National  and 
State  Courts. — The  Constitution  gives  the  Supreme 
Court  an  original  jurisdiction  in  cases  affecting  public 
ministers  and  consuls,  and  cases  to  which  a State  may  be 
a party.  Congress  has  gone  further  and  declared  the 
jurisdiction  of  the  National  courts  in  certain  cases  to 
be  an  exclusive  one.  Patent  and  admiralty  cases,  for 
example,  are  of  this  class.  Outside  of  this  exclusive 
jurisdiction,  Congress  has  given  the  State  courts  a civil 
jurisdiction  concurrent  with  that  of  the  National  courts. 
Still  more,  some  criminal  offenses  under  the  National 
laws  may  be  prosecuted  in  the  State  courts,  as  those 
arising  under  the  postal  laws. 

449.  Appeals  from  State  Courts. — The  Constitu- 
tion, laws,  and  treaties  of  the  United  States  are  the  su- 
preme law  of  the  land.  If  the  constitution  or  the  laws  of 
a State  conflict  in  any  way  with  this  supreme  law,  such 
constitution  or  laws,  so  far  as  the  confliction  extends, 


362  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

are  null  and  void.  Moreover,  the  power  to  decide  what 
is,  and  what  is  not,  a confliction  with  the  National 
authority  rests  with  the  National  judiciary.  Hence,  any 
case  arising  in  the  courts  of  a State  that  involves  the 
National  authority  may  be  appealed  to  the  National 
courts.  Such  cases  are  said  to  involve  Federal  ques- 
tions. To  this  extent,  therefore,  the  courts  of  the  United 
States  are  the  final  and  authoritative  interpreters  of  the 
constitutions  and  laws  of  the  States. 

450.  Rules  Regulating  Trials. — A jury  system 
like  that  found  in  the  States  is  a part  of  the  National 
judiciary.  All  crimes,  save  in  cases  of  impeachment, 
must  be  tried  by  an  impartial  jury  of  the  State  and 
judicial  district  where  they  have  been  committed. 
Crimes  committed  in  the  Federal  District  or  in  a Terri- 
tory must  be  tried  in  the  District  or  Territory.  Crimes 
committed  on  the  sea  are  tried  in  the  district  in  which 
the  accused  is  arrested,  or  into  which  he  is  first  brought 
when  the  ship  returns  to  the  United  States.  No  person 
can  be  put  on  trial  for  a capital  or  infamous  crime  until 
he  has  first  been  indicted  by  a grand  jury;  in  such  case 
the  trial  must  be  a speedy  and  public  one,  and  the  accused 
must  be  informed  of  the  accusation  made  against  him. 
He  shall  have  the  benefit  of  the  compulsory  power  of  the 
court  to  compel  the  attendance  of  witnesses,  and  shall 
also  have  the  assistance  of  a lawyer  for  his  defense.  Ex- 
cessive bail  can  not  be  required,  or  excessive  fines  be 
imposed,  or  cruel  or  unnatural  punishments  be  inflicted. 
No  person  who  has  once  been  tried  for  an  offense  and 
found  innocent,  can  be  put  on  trial  for  that  offense  the 
second  time.  In  a criminal  case  no  man  can  be  com- 
pelled to  testify  against  himself,  nor  can  any  person  be 
deprived  of  life,  liberty,  or  property  until  he  has  been 
adjudged  guilty  according  to  the  common  course  of  the 


THE  JUDICIAL  DEPARTMENT. 


3<53 


law.  In  any  civil  suit  at  common  law  where  the  amount 
in  controversy  is  more  than  twenty  dollars,  the  right  of 
trial  by  jury  is  also  preserved.  Rules  like  these  will  be 
found  in  the  jurisprudence  of  the  several  States.  These 
rules,  however,  relate  exclusively  to  the  National  tribu- 
nals. The  Fourteenth  Amendment  declares  that  no  State 
shall  deprive  any  person  of  life,  liberty,  or  property 
without  due  process  of  law. 

45  f . Military  Courts. — Cases  arising  in  the  military 
and  naval  service  are  tried  in  special  courts  called 
courts-martial.  This  is  true  of  the  militia  also  when  they 
are  employed  in  the  public  service  in  time  of  war  or 
public  danger.  In  all  such  cases  as  these  the  rule  in 
regard  to  an  indictment  by  a grand  jury  has  no  appli- 
cation. 

452.  Treason.— Treason  against  the  United  States  is 
either  making  war  against  them,  or  siding  with  their  ene- 
mies, rendering  them  aid  and  comfort.  No  person  can  be 
convicted  of  this  crime,  which  is  considered  the  greatest 
of  all  crimes,  except  on  the  testimony  of  two  witnesses 
to  the  same  offense,  or  on  his  own  confession  of  guilt 
in  open  court.  Congress  has  enacted  two  modes  of 
punishment  for  treason  at  the  discretion  of  the  judge 
trying  the  case.  The  traitor  shall  suffer  death;  or  he 
shall  be  imprisoned  at  hard  labor  for  not  less  than 
five  years,  be  fined  not  less  than  $10,000,  and  be  pro- 
nounced incapable  of  holding  any  office  under  the  United 
States. 


CHAPTER  XXXV. 


NEW  STATES  AND  THE  TERRITORIAL  SYSTEM. 

The  American  Government.  Sections  584-597. 

The  Territorial  System  of  the  United  States  has 
played  a very  important  part  in  their  history.  It  is 
proposed  in  this  chapter  to  show  how  it  originated,  and 
to  describe  its  principal  features. 

453.  The  Original  Public  Domain. — At  the  time  of 
the  Revolution  seven  of  the  thirteen  States  claimed 
the  wild  lands  lying  west  of  the  Alleghany  Mountains 
and  extending  to  the  Mississippi  River  and  the  Northern 
Lakes.  These  were  then  National  boundaries.  In 
time  these  States  yielded  their  claims.  When  the  Con- 
stitution was  framed  in  1787,  the  country  northwest 
of  the  Ohio  River  had  already  come  into  possession 
of  the  Old  Congress.  The  Southern  cessions  were 
made  later.  In  general,  the  cessions  to  the  Nation  in- 
cluded both  soil  and  jurisdiction — the  ownership  of  the 
land  and  the  right  to  govern  the  territory.  The  North- 
western cessions  constituted  the  first  Public  Domain  of 
the  United  States;  that  is,  a territory  belonging  to  the 
Nation  in  common.  The  Constitution  gave  Congress 
the  power  to  dispose  of  the  National  territory,  and  to 
make  all  needful  rules  and  regulations  for  its  govern- 
ment. Before  this,  however,  Congress  had  established 
a government  over  the  existing  domain,  which  was  styled 
the  Northwest  Territory. 

454.  Annexations.— Besides  the  islands  acquired  in 
1898  and  after,  seven  annexations  of  territory  have 
been  made  to  the  United  States:  Louisiana  purchase, 

364 


NEW  STATES  AND  THE  TERRITORIAL  SYSTEM.  365 

1803;  Florida,  1819;  Texas  1845;  Oregon,  1846;  the  two 
Mexican  annexations,  1848  and  1853,  and  Alaska,  1867. 
These  annexations,  with  a single  exception,  were  additions 
to  the  public  domain  and  became  at  once  subject  to  the 
control  of  Congress.  This  exception  was  Texas,  which 
had  been  an  independent  power  and  was  admitted  to  the 
Union  as  a State  at  once  without  passing  through  the 
Territorial  probation.  Subsequently  Texas  sold  that 
part  of  her  dominion  which  now  forms  the  eastern  part 
of  the  Territory  of  New  Mexico  to  the  United  States. 

455.  Provision  for  New  States. — The  claimant 
States  made  their  cessions  of  Western  territory  on  the  con- 
dition that,  as  rapidly  as  it  became  ready,  such  territory 
should  be  divided  into  new  States  to  be  admitted  to  the 
Union  on  an  equality  with  the  old  ones.  So  a provision 
was  inserted  in  the  Constitution  that  authorized  Con- 
gress to  admit  new  States  to  the  Union.  But  this  was 
not  all;  some  controversies  had  already  arisen  concern- 
ing the  formation  of  new  States  out  of  old  ones.  So  it 
was  provided  that  no  new  State  should  be  formed  within 
the  jurisdiction  of  any  State,  nor  should  any  new  State 
be  formed  by  uniting  two  or  more  States,  without  the 
consent  of  the  Legislatures  concerned  as  well  as  of 
Congress. 

456.  Territories  of  the  United  States. — In  a broad 
sense  the  whole  dominion  of  the  United  States  is  their 
territory,  States  and  Territories  alike.  But  in  common 
usage  the  term  territory  is  limited  to  so  much  of  the  whole 
dominion  as  has  not  been  formed  into  States.  Still  further, 
as  thus  limited  the  word  is  employed  in  two  senses. 
An  organized  Territory  is  a part  of  the  dominion  having 
certain  boundaries  and  a fully  developed  Territorial 
Government.  Arizona,  New  Mexico,  and  Hawaii  are 
now  the  only  Territories  of  this  class.  An  unorganized 


366  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

Territory  either  has  no  government  at  all,  or  has  a very 
rudimentary  one  carried  on  by  officers  sent  from  Washing- 
ton. Thus  civil  government  is  administered  in  Alaska, 
which  is  an  unorganized  Territory,  by  a Governor 
and  other  officers  appointed  by  the  President  and 
Senate. 

457.  Government  of  an  Organized  Territory. — 
Such  a government  is  set  up  by  Congress.  The  Governor, 
Secretary,  and  Territorial  Judges  are  appointed  by  the 
President  for  four  years,  and  are  paid  from  the  National 
Treasury.  The  Legislature  consists  of  a house  of 
representatives  and  a council,  the  members  of  which 
are  elected  by  the  qualified  voters  of  the  territory. 
The  Legislature  legislates  on  subjects  of  local  con- 
cern, subject  to  the  Constitution  and  laws  of  the 
United  States.  For  example,  it  may  establish  counties 
and  townships  and  local  self-government  for  the  people. 
It  may  also  establish  a Territorial  system  of  schools. 
The  Governor  exercises  powers  similar  to  those  exer- 
cised by  the  Governor  of  a State,  while  the  Secretary 
performs  duties  similar  to  those  performed  by  a State 
Secretary  of  State.  There  are  also  a District  Attor- 
ney and  a Marshal  appointed  by  the  President.  A 
Territory  can  not  be  represented  in  Congress  or  partici- 
pate in  the  election  of  President  and  Vice-President. 
Still  an  organized  Territory  is  permitted  to  send  a dele- 
gate elected  by  the  people  to  the  House  of  Representa- 
tives, who  may  speak  but  not  vote.  It  will  be  seen  that 
the  status  of  a Territory  is  in  all  respects  inferior  to  that 
of  a State.  A Territory  is  an  inchoate  State. 

458.  Admission  of  New  States. — This  subject  has 
been  committed  wholly  to  the  discretion  of  Congress. 
Congress  makes  the  boundaries  of  the  State,  fixes  the 
conditions  of  admission,  gives  the  State  its  name  and 


NEW  STATES  AND  THE  TERRITORIAL  SYSTEM.  367 

determines  the  time  of  admission.  Congress  settles  some 
of  the  details  in  the  act  creating  the  Territory,  and  still 
others  in  a law  providing  for  its  admission  called  an  Ena- 
bling Act.  The  principal  steps  to  betaken  are  the  follow- 
ing: First,  the  people  of  the  Territory  elect  the  members 
of  a convention  to  frame  a State  constitution.  Secondly, 
the  convention  thus  elected  performs  the  duty  duly  com- 
mitted to  it.  Thirdly,  the  constitution  is  submitted  to 
the  people  for  their  approval.  Fourthly,  Representa- 
tives and  Senators  are  elected  to  represent  the  new 
State  in  Congress.  Fifthly,  comes  the  formal  act  of 
admission,  which  is  sometimes  performed  by  the  Presi- 
dent, who  issues  a proclamation  to  that  effect  in  com- 
pliance with  a law  previously  passed,  and  sometimes  is 
performed  by  Congress  passing  an  act  called  an  act  of 
admission. 

459.  States  Admitted. — Thirty-three  new  States 
have  been  admitted  to  the  Union.  Vermont,  Maine, 
West  Virginia,  and  Kentucky  were  formed  from  old 
States  and  were  never  Territories.  The  facts  in  regard 
to  Texas  have  been  stated  already.  The  other  States, 
twenty-eight  in  number,  have  been  formed  from  the 
public  domain ; and,  save  California  alone,  have  passed 
through  the  Territorial  probation. 

460.  Dependencies. — After  the  Spanish-American 
war  of  1898  a modified  form  of  Territorial  government 
was  developed  for  the  foreign  dependencies  of  the  United 
States.  Porto  Rico  and  the  Philippines  each  have  a 
legislature,  of  which  one  branch  is  elected  by  popular 
vote,  and  they  are  represented  at  Washington  by  “ resi- 
dent commissioners,”  who  act  much  like  Territorial 
delegates.  In  each  of  these  dependencies  the  local 
subdivisions  are  given  large  powers  of  local  self- 
government. 


368  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

46  I . The  Public  Lands. — Beginning  in  Southeastern 
Ohio,  in  1786,  the  Government  has  caused  the  public 
lands  to  be  surveyed  according  to  a practically  uniform 
system.  They  are  first  cut  up  into  townships  six  miles 
square,  and  then  these  are  subdivided  into  sections  of 
640  acres,  which  again  are  divided  into  lots  of  160,  80, 
and  40  acres.  The  sections  are  now  numbered,  back 
and  forth,  in  the  following  manner: 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

Such  a township  as  this  is  called  a Congressional  town- 
ship. As  a rule,  the  States  have  based  their  divisions  of 
counties  and  townships  on  the  Government  surveys,  and 
it  is  this  fact  that  gives  the  maps  of  the  Western  States 
such  a checker-board  appearance.  In  general  Congress 
has  followed  a very  liberal  policy  in  respect  to  the  public 
lands,  selling  them  at  low  prices,  giving  them  away 
as  bounties  to  soldiers  and  to  settlers  under  the 
homestead  law,  and  granting  them  to  States  and  rail- 
roads and  other  corporations  to  stimulate  education 
and  public  improvements. 

462.  School  Lands. — Beginning  with  Ohio,  admitted 
to  the  Union  in  1808,  and  continuing  to  Wisconsin,  ad- 


NEW  STATES  AND  THE  TERRITORIAL  SYSTEM.  369 


mitted  in  1848,  Congress  gave  section  No.  16  in  every 
Congressional  township  to  the  people  of  the  township 
for  the  use  of  common  schools.  Beginning  with  Cali- 
fornia, in  1850,  and  continuing  to  the  present,  it  has  given 
sections  16  and  36  in  every  township  for  that  purpose. 
Congress  has  also  given  every  public-land  State,  or  State 
formed  out  of  the  domain,  two  townships  of  land  for  the 
support  of  a State  university,  and  some  of  them  more 
than  two.  It  has  also  given  lands  for  agricultural  colleges 
and  normal  schools,  and  for  other  educational  purposes. 

463.  New  States.— The  following  table  contains  the 
names  of  the  new  States,  and  the  dates  of  their  admis- 
sion to  the  Union: 


Vermont,  March  4,  1791. 
Kentucky,  June  1,  1792. 
Tennessee,  June  1,  1796. 

Ohio,  February  19,  1803. 
Louisiana,  April  8,  1812. 
Indiana,  December  11,  1816. 
Mississippi,  December  10,1817. 
Illinois,  December  3,  1818. 
Alabama,  December  14,  1819. 
Maine,  March  15,  1820. 
Missouri,  August  10, 1821. 
Arkansas,  June  15,  1836. 
Michigan,  January  26,  1837. 
Florida,  March  3,  1845. 

Texas,  December  29,  1845. 
Iowa,  December  28,  1846. 

Oklahoma,  Nov 


Wisconsin,  May  29, 1848. 
California,  September  9,  1850. 
Minnesota,  May  11,  1858. 
Oregon,  February  14,  1859. 
Kansas,  January  29,  1861. 
West  Virginia,  June  19,  1863. 
Nevada,  October  31,  1864. 
Nebraska,  March  1,  1867. 
Colorado,  August  1,  1876. 
North  Dakota,  Nov.  2,  1889. 
South  Dakota,  Nov.  2,  1889. 
Montana,  November  8,  1889. 
Washington,  Nov.  11,  1889. 
Idaho,  July  3,  1890. 
Wyoming,  July  10,  1891. 
Utah,  January  4,  1896. 
iber  16,  1907. 


CHAPTER  XXXVI. 


RELATIONS  OF  THE  STATES  AND  THE  UNION. 

The  American  Government.  Sections  4.19-445;  578-580;  598-605; 

608-620;  625-681;  644-654;  773-782 . 

Part  II  of  this  work  describes  the  government  of  a 
single  State.  The  preceding  chapter  of  this  Third  Part 
describe  the  Government  of  the  Union  in  its  general 
features.  It  is  very  obvious  that  either  one  of  these 
governments,  by  itself,  would  be  very  imperfect.  It  is 
equally  obvious  that  they  supplement  each  other.  Each 
one  is  essential  to  the  other  and  to  society,  and  neither 
one  is  more  essential  than  the  other.  The  two  together 
make  up  one  system  of  government.  The  governments 
of  the  States  are  part  of  the  Government  of  the  Union, 
and  the  Government  of  the  Union  is  a part  of  the  gov- 
ernments of  the  States.  The  citizen  is  subject  to  two 
jurisdictions,  one  State  and  one  National.  Both  of 
these  jurisdictions  have  been  created  by  the  Ameri- 
can people,  and  each  one  is  exclusive  and  independ- 
ent within  its  sphere.  In  other  words,  the  United 
States  are  a federal  state,  and  their  Government  is  a 
federal  government.  Moreover,  experience  shows  that 
such  governments  are  complicated  and  delicate,  and  that 
they  will  not  work  well  unless  the  two  parts,  local  and 
general,  are  well  adapted  each  to  each  like  the  parts  of 
a machine. 

464.  The  State  Sphere. — The  sphere  of  the  State  is 
well  marked  off.  Matters  of  local  and  State  concern  are 
committed  to  its  exclusive  authority.  Within  its  sphere, 

370 


RELATIONS  OF  THE  STATES  AND  THE  UNION.  37 1 

the  State  is  perfectly  free  to  do  what  it  pleases,  taking 
good  care  not  to  infringe  upon  the  sphere  of  the  Union. 
It  is  the  great  business  of  the  State  government  to  pre- 
serve the  peace  and  good  order  of  society  within  its 
borders.  It  defines  civil  and  political  rights;  defines 
and  punishes  crime;  protects  the  rights  of  property, 
of  person,  and  of  life;  regulates  marriage  and  divorce; 
provides  schools  and  education  for  the  people,  and  does 
a hundred  other  things  that  it  deems  necessary  to  pro- 
mote the  physical,  intellectual,  and  moral  well-being  of 
the  people. 

465.  The  National  Sphere. — This  is  equally  well 
defined.  Matters  of  general,  common,  or  National  interest 
are  committed  to  the  Union.  Here  are  the  powers  to  levy 
taxes  and  borrow  money  for  National  purposes;  to  regu- 
late foreign  commerce;  to  conduct  war;  to  carry  on  the 
post-office;  to  manage  foreign  relations,  and  to  exercise 
the  many  other  powers  that  are  delegated  by  the  National 
Constitution.  It  will  be  seen  that  these  are  matters  in 
which  the  whole  American  people  are  interested.  Within 
its  sphere,  the  Nation  is  just  as  free  and  unlimited  as  the 
State  is  within  the  State’s  sphere. 

466.  The  State  and  the  Union. — Neither  one  of 
these  jurisdictions  is,  strictly  speaking,  limited  to 
matters  purely  local  or  purely  national.  The  State  does 
more  than  merely  to  look  after  local  interests.  The 
Union  does  more  than  merely  to  see  to  National  affairs. 
Either  authority  does  some  things  that,  at  first  thought, 
might  seem  to  belong  exclusively  to  the  other.  In  this 
way,  great  strength  is  imparted  to  the  whole  system,  and 
it  is  made  to  do  its  work  more  thoroughly.  This  a series 
of  paragraphs  will  show. 

467.  National  Functions  of  the  States. — The  State 
participates  directly  in  carrying  on  the  Government  of 


372  THE  government  of  the  united  states. 

the  Union.  It  defines  the  qualifications  of  electors,  estab- 
lishes Congressional  districts,  conducts  the  elections  of 
Representatives,  elects  members  of  the  United  States 
Senate,  and  appoints  Presidential  Electors.  All  these 
things  are  purely  voluntary.  The  States  cannot  be  com- 
pelled to  do  them,  but  if  they  should  refuse  or  neglect 
to  do  them  the  whole  National  system  would  fall  into 
ruins.  But,  more  than  this,  the  Union  employs  the 
State  militia,  and  imposes  duties  upon  the  governors  and 
judges  of  the  States. 

468.  Prohibitions  Laid  on  States.  — The  successful 
working  of  the  National  system  makes  it  necessary  that 
certain  prohibitions  shall  belaid  on  the  States.  No  State 
can  enter  into  any  treaty,  alliance,  or  federation;  coin 
money,  issue  paper  money,  make  anything  but  gold 
and  silver  a tender  in  payment  of  debts,  pass  any  law 
interfering  with  contracts,  or  grant  any  title  of  nobility. 
No  State,  without  the  consent  of  Congress,  can  levy 
duties  or  impostson  imports  and  exports,  beyond  what  is 
necessary  to  pay  the  cost  of  its  inspection  service.  No 
State  can,  without  the  consent  of  Congress,  lay  any  ton- 
nage tax  on  ships,  keep  troops  or  ships  of  war  in  time  of 
peace,  or  enter  into  any  compact  or  agreement  with  an- 
other State  or  a foreign  power.  No  State  can  engage 
in  war,  unless  it  is  actually  invaded  or  in  immediate 
danger  of  invasion. 

469.  Duties  of  State  to  State. — If  the  National 
System  is  to  work  smoothly,  it  is  obvious  that  a good 
understanding  among  the  States  is  necessary.  The  Con- 
stitution accordingly  lays  various  commands  upon  the 
States  in  respect  to  their  relations  one  to  another.  The 
acts,  records,  and  judicial  processes  of  any  State  are  re- 
spected by  every  other  State,  so  far  as  they  can  have  any 
application.  For  example,  a marriage  contracted  or  a 


RELATIONS  OF  THE  STATES  AND  THE  UNION.  3/3 


divorce  granted  in  one  State  is  a marriage  or  a divorce  in 
every  other  State.  Citizens  of  one  State  passing  into  an- 
other State  are  entitled  to  all  the  rights  and  privileges 
that  the  citizens  of  such  State  enjoy.  If  a person  who  is 
charged  with  any  crime  in  one  State  flees  from  justice 
and  is  found  in  another  State,  it  is  the  duty  of  the  Gov- 
ernor of  the  State  to  which  he  has  fled  to  surrender  him 
on  the  demand  of  the  Governor  of  the  State  from  which 
he  has  fled,  that  he  may  be  brought  to  trial  and,  if  guilty, 
to  punishment. 

470.  Privileges  and  Immunities  of  Citizens. — 
Section  one  of  Amendment  XIV.  declares  all  persons 
born  and  naturalized  in  the  United  States  and  subject  to 
their  jurisdiction,  to  be  citizens  of  the  United  States  and 
of  the  State  wherein  they  reside.  It  contains  also  the 
following  declarations:  “No  State  shall  make  or  enforce 

any  law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of  the  United  States;  nor  shall  any  State 
deprive  any  person  of  life,  liberty,  or  property,  without 
due  process  of  law;  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws.” 

The  Union  owes  several  important  duties  to  the  State. 
47  1.  Republican  Form  of  Government. — The 
Union  guarantees  to  every  State  a republican  form  of  gov- 
ernment. If  a non-republican  government  should  be 
established  in  any  State  by  revolution  or  otherwise,  it 
would  be  the  duty  of  the  Union  to  interfere  and  see  that 
republican  government  be  re-established.  Power  to 
decide  in  such  cases  what  a republican  form  of  govern- 
ment is,  belongs  to  Congress. 

472.  Invasion  and  Domestic  Violence. — The  Union 
must  also  protect  the  States  against  invasion,  and  in 
emergencies  against  domestic  violence.  These  duties  are 


374  THE  government  of  the  united  states. 

the  mote  necessary  because  the  Constitution  denies  to  the 
States  the  right  to  keep  troops  and  ships  of  war  in  time 
of  peace.  If  any  State  is  invaded  it  is  the  duty  of  the 
President  to  call  out  the  National  forces  to  repel  the 
invasion.  In  the  first  instance  it  is  the  duty  of  the  State 
authority  to  suppress  domestic  violence  within  its  borders, 
but  if  such  authority  in  any  case  thinks  the  assistance  of 
the  United  States  to  be  necessary  or  advisable,  it  has 
the  right  to  call  for  such  assistance.  The  Legislature, 
if  it  be  in  session,  and  otherwise  the  Governor,  makes 
the  call.  This  call  is  addressed  to  the  President,  who 
takes  such  steps  as  he  thinks  necessary  to  accomplish 
the  object. 

473.  The  National  Authority  and  the  Public 
Peace. — There  are,  however,  certain  emergencies  in 
which  the  President  can  act  directly  to  suppress  domestic 
violence.  When  such  violence  interferes  with  the  oper- 
ations of  the  National  Government,  he  need  not  wait 
for  the  State  Legislature  or  Governor  to  call  for  assist- 
ance, but  is  in  duty  bound  to  act  at  once  to  protect  the 
operations  of  the  Government  and  so  to  restore  the  public 
peace.  Thus,  when  the  United  States  mails  and  inter- 
state commerce  were  interrupted  in  Chicago  in  1894, 
President  Cleveland  ordered  the  National  forces  to  pro- 
tect the  mails  and  the  railroads. 

474.  Supremacy  of  the  Union. — The  Constitution, 
laws,  and  treaties  of  the  United  States  are  the  supreme 
law  of  the  land.  They  supersede  State  constitutions  and 
laws  whenever  these  constitutions  and  laws  encroach  upon 
the  supreme  law.  To  secure  this  end,  the  judges  of  the 
State  courts,  in  interpreting  and  declaring  the  law, 
must  side  with  the  United  States,  rather  than  with  the 
State,  in  all  cases  of  confliction.  To  secure  this  supre- 
macy the  more  completely,  Senators  and  Representatives 


RELATIONS  OF  THE  STATES  AND  THE  UNION.  375 

of  the  United  States,  members  of  the  State  Legislatures 
and  all  executive  and  judicial  officers,  both  of  the 
United  States  and  of  the  States,  must  take  an  oath  or 
affirmation  to  support  the  Constitution  of  the  United 
States.  But  no  religious  faith,  opinion,  or  rite  can  be 
made  a qualification  for  holding  any  office  of  public  trust 
under  the  United  States. 

There  are  also  many  prohibitions  laid  upon  the  National 
authority.  Several  of  these  have  been  dealt  with  al- 
ready in  other  places;  others  will  be  mentioned  in  this 
place. 

475.  Writ  of  Habeas  Corpus. — In  countries  where 
this  writ  is  recognized,  a sheriff  or  other  officer,  or  even 
a private  individual,  who  has  a person  in  his  custody 
whom  he  is  depriving  of  his  liberty,  can  be  made  to 
show  cause  why  he  holds  him.  The  person  who  is 
held  as  a prisoner,  or  other  person  in  his  interest,  appeals 
to  a court  of  competent  jurisdiction  for  a writ  of  habeas 
corpus , which  commands  the  officer  or  other  person  to 
bring  his  prisoner  into  court.  If  he  can  show  no  suffi- 
cient cause  for  holding  him,  the  prisoner  is  set  at  liberty. 
This  writ  is  one  of  the  great  bulwarks  of  personal  liberty, 
and  the  Constitution  provides  that  the  privilege  of  the 
writ  shall  not  be  suspended  unless  in  time  of  rebellion  or 
invasion  when  the  public  safety  requires  it. 

476.  Bills  of  Attainder  and  Ex  Post  Facto  Laws. 
— A bill  of  attainder  is  a legislative  act  that  inflicts  pun- 
ishment of  some  kind  upon  a person  without  a judicial 
trial.  An  ex  post  facto  law  is  a law  that  places  some  pun- 
ishment upon  an  act  that  was  not  placed  upon  it  when 
the  act  was  done.  Both  the  State  Legislatures  and  Con- 
gress are  forbidden  to  pass  any  bill  of  attainder  or  ex 
post  facto  law. 


376  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

A statement  of  several  restrictions  that  are  imposed 
upon  the  States  or  the  Union,  or  both  States  and  Union, 
may  fitly  close  this  work. 

477.  Titles  of  Nobility. — These  would  plainly  be 
out  of  character  and  be  corrupting  in  tendency  in  a 
republican  country.  Republicanism  assumes  the  equality 
of  citizens.  So  it  is  provided  that  neither  the  United 
States  nor  any  State  shall  grant  any  title  of  nobility. 
Furthermore,  no  officer  of  the  United  States  can,  with- 
out the  consent  of  Congress,  accept  any  present,  office, 
or  title  from  any  king,  prince,  or  foreign  state. 

478.  No  National  Church. — Congress  can  pass  no 
law  in  relation  to  a state  church  or  establishment  of  re- 
ligion, or  prohibit  the  free  exercise  of  religion.  All 
churches  and  religions  are,  so  far  as  the  National  author- 
ity is  concerned,  put  on  the  same  level.  The  separation  of 
Church  and  State  is  a fundamental  principle  of  Amer- 
ican polity. 

479.  Freedom  of  Speech  and  the  Right  of  Pe- 
tition.— Congress  can  pass  no  law  abridging  the  free- 
dom of  speech  or  of  the  press,  or  denying  or  limiting  the 
right  of  citizens  peaceably  to  assemble  and  to  petition 
the  Government  for  a redress  of  grievances.  This  pro- 
vision, however,  is  no  defense  of  license  of  speech  or 
printing,  such  as  slander  or  libel,  or  of  public  tumult  and 
disorder. 

480.  Soldiers  in  Private  Houses. — Tyrannical 
rulers  have  often  accomplished  their  purpose  of  oppres- 
sion by  quartering  soldiers  in  the  houses  of  citizens,  to 
overawe  and  intimidate  them.  In  the  United  States 
soldiers  can  not  be  quartered  in  private  houses  without 
the  consent  of  the  occupants  in  time  of  peace,  and  not 
in  time  of  war  save  in  a manner  that  is  prescribed  by 
law. 


RELATIONS  OF  THE  STATES  AND  THE  UNION.  377 

481.  The  Militia. — Tyrannical  governments  have 
often  found  it  necessary,  in  order  to  accomplish  their 
purpose,  to  suppress  the  citizen  soldiery,  or  to  deny  the 
people  the  right  to  keep  and  to  bear  arms.  Our  Con- 
stitution provides  that,  since  a well  regulated  militia  is 
necessary  to  the  security  of  every  state,  the  right  of  the 
people  to  keep  and  bear  arms  shall  not  be  infringed. 

482.  Searches  and  Seizures.— Oppressive  rulers 
have  often,  or  generally,  held  themselves  at  perfect 
liberty  to  search  the  papers  and  persons  of  citizens  or 
subjects,  in  order  to  find  evidence  for  criminating  them 
or  for  establishing  their  own  tyranny  the  more  thor- 
oughly. Our  Constitution  provides  that  the  right  of  the 
people  to  be  secure  in  their  persons,  houses,  papers,  and 
effects  against  unreasonable  searches  and  seizures,  shall 
not  be  violated.  Warrants  for  the  purpose  of  making 
such  seizures  shall  not  be  issued  by  magistrates  unless 
there  is  probable  cause  for  issuing  them,  which  must  be 
sworn  to  by  the  complainant;  and  even  then  they  must 
particularly  describe  the  place  to  be  searched  and  the 
persons  and  things  to  be  seized. 


378  HISTORY  AND  CIVIL  GOVERNMENT  OF  IOWA. 
TOPICAL  REVIEW  OF  THE  NATIONAL  GOVERNMENT. 


I.  Colonial  Governments  consisted  of 

(1)  An  Assembly, 

(2)  A Council, 

(3)  A Governor,  and 

(4)  Courts  of  Law. 

2.  The  Assembly  was  chosen  by 
the  people. 

3.  The  Council,  Governor,  and 
Judges  were  appointed  in  vari- 
ous ways. 

4.  The  Colonists  possessed  the 
rights  of  English  subjects. 

5.  Parliament  had  power  to  nullify 
any  law  passed  by  the  Colonies. 

6.  The  Colonies  owed  a double 
allegiance:  they  were  subject — 

(1)  To  their  own  laws,  ana 

(2)  To  those  of  Great  Britain. 

7.  The  Crown  and  Parliament  had 
supremacy  in  national  affairs. 

8.  The  Colonial  Governments  were 
supreme  in  local  affairs. 

9.  The  attempt  of  Parliament  to 
tax  the  Colonies  precipitated  the 
conflict  which  ended  in  inde- 
pendence. 

II.  Political  Effects  of  Independence. 

1.  The  Colonies  became  free  and 
independent  States. 

2.  The  Union  that  had  existed 
through  Great  Britain  now  ex- 
isted through  Congress. 

3.  The  powers  of  Congress  were 
defined  by  the  Articles  of  Con- 
federation. 

4.  Their  inadequacies  were  sup- 
plied by  the  Constitution. 

5.  How  the  Constitution  was 
framed. 

6.  How  it  was  ratified. 

7.  The  views  of  its  friends  and  its 
enemies. 

8.  How  the  government  was  in- 
augurated. 

9.  How  amendments  may  be  pro- 
posed and  ratified. 

10.  The  amendments  enumerated 
and  characterized. 

11.  The  preamble  an  enacting 
clause. 

12.  The  preamble  involves  five 
things:  a.  The  people  enact  it. 
b.  It  establishes  a more  perfect 
union,  c.  It  establishes  a con- 
stitutional government.  d.  It 
creates  a federal  state,  e.  The 
people  delegate  some  powers 
and  reserve  others. 

13.  The  provisions  of  the  Constitu- 
tion are  embodied  in  VII. 
articles. 

III.  How  Powers  are  Distributed. 

1.  A Legislative  Department 
makes  the  laws.  The  President 
may  veto  and  the  Supreme 
Court  annul  them. 


2.  An  Executive  Department  en- 
forces and  administers  the  laws. 
Congress  may  impeach. 

3.  A Judicial  Department  inter- 
prets and  applies.  The  Legisla- 
tive Department  may  impeach 
and  the  President  and  the 
Senate  appoint  or  remove. 

IV.  The  Legislative  Department. 

1.  It  is  bicameral  — two-cham- 
bered. 

2.  How  the  House  is  elected. 

3.  Qualifications  of  Representa- 
tives and  Senators. 

4.  The  qualifications  of  electors. 

5.  How  Senators  are  elected:  the 
four  steps. 

6.  How  vacancies  are  filled. 

7.  Classes  of  Senators. 

8.  Who  may  vote  for  Representa- 
tives. 

9.  How  Representatives  are  ap- 
portioned. 

10.  The  decennial  census. 

11.  Method  of  apportionment. 

12.  Changes  in  the  law:  1842,  1872, 
1873. 

13.  Compensation  of  national  legis- 
lators. 

14.  Privileges  of  members  of  Con- 
gress. 

15.  Prohibition  affecting  members 
of  Congress. 

16.  Length  of  each  Congress. 

17.  Times  of  meeting. 

18.  Officers  of  the  Senate. 

19.  Officers  of  the  House  of  Repre- 
sentatives. 

20.  E)ach  House  the  judge  of  the 
rights,  qualifications,  etc.,  of  its 
members. 

21.  Quorums  to  transact  business. 

22.  Rules  governing  proceedings. 

23.  Power  to  punish  its  own  mem- 
bers. 

24.  Journals  and  voting. 

25.  Mode  of  Legislating. 

26.  Action  of  the  President. 

27.  Orders,  resolutions. 

28.  The  Committee  system. 

29.  Adjournments. 

V.  Impeachments. 

1.  Any  Civil.  Officer  may  be  im- 
peached. 

2.  The  House  impeaches. 

3.  The  Senate  tries  impeach- 
ments. 

4.  How  the  trial  is  conducted. 

5.  The  limit  of  punishment  on  con- 
viction. 

6.  Summary  of  impeachments. 

VI.  Powers  of  Congress. 

1.  Taxation. 

2.  Special  Rules. 

3.  Taxes:  direct  and  indirect. 


THE  NATIONAL  GOVERNMENT. 


379 


4.  Borrowing  money — Bonds  and 
Treasury  Notes. 

5.  Commerce. 

6.  Naturalization. 

7.  Bankruptcies. 

8.  Coinage. 

9.  History  of  the  silver  dollar. 

10.  Fineness,  weight,  and  ratio  of 
value  of  gold  and  silver. 

11.  Gold  and  silver  certificates. 

12.  Counterfeiting. 

13.  The  Independent  Treasury. 

14.  National  Banks. 

15.  Weights  and  Mesaures. 

16.  The  postal  service. 

17.  Rates  of  postage. 

18.  Copyrights  and  patent  rights. 

19.  Piraces  and  felonies. 

20.  Power  to  declare  war. 

21.  Federal  district. 

22.  Power  to  make  necessary  laws. 

VII.  Powers  of  the  Executive. 

1.  The  executive  power  efficient. 

2.  How  the  President  and  V.-P. 
are  elected. 

3.  How  nominated. 

4.  Electoral  ticket. 

5.  How  electors  are  chosen. 

6.  How  electors  vote. 

7.  How  their  votes  are  counted. 

8.  When  electors  fail  to  elect,  the 
House  elects  Pres,  and  Senate 
V.-P. 

9.  History  of  the  electoral  law. 

10.  Remarks  on  the  System. 

11.  Qualifications,  term,  and  salary. 

12.  Oath  of  office. 

13.  Duties  of  Vice-President, 

14.  The  Presidential  succession. 

15.  Conimander-in-chief. 

16.  Power  to  pardon,  except  in  im- 
peachment cases. 

17.  Makes  treaties  by  aid  of  Senate. 

18.  How  treaties  are  made. 

19.  Appointive  power. 

20.  The  President  nominates:  the 
Senate  confirms. 

21.  Public  ministers. 

22.  Recognition  of  countries  by  re- 
ceiving ministers 

23.  The  duties  of  consuls. 

24.  Military  and  naval  officers  ap- 
pointed and  removed. 

25.  The  President’s  power  of  re- 
moval. 

26.  How  vacancies  are  filled. 

27.  The  civil  service. 

28.  Civil  service  reform. 

29.  The  President’s  messages. 

30.  Power  to  call  special  sessions  of 
each  or  both  Houses. 

VIII.  Executive  Departments. 

1.  Department  of  State. 

2.  Department  of  the  Treasury. 

3.  Department  of  War. 

4.  Department  of  Justice. 

5.  Post-office  Department. 

6.  Department  of  the  Navy, 

7.  Department  of  the  Interior. 

8.  Department  of  Agriculture. 


9.  The  Constitution  and  functions 
of  the  Cabinet. 

IX.  The  Judicial  Department. 

1.  Its  functions  and  powers  de- 
fined. 

2.  Where  the  power  is  vested. 

3.  The  different  kinds  of  courts. 

4.  The  extent  of  the  judicial 
power. 

5.  Original,  concurrent,  and  appel- 
late j urisdiction  . 

6.  The  number  of  District  Courts. 

7.  The  Circuit  Courts. 

8.  The  Circuit  Courts  of  Appeals. 

9.  The  Court  of  Claims. 

10.  Courts  of  the  Federal  District 
and  Territories. 

11.  The  Supreme  Court. 

12.  How  the  judges  are  appointed. 

13.  The  compensation  of  judges. 

14.  The  concurrent  jurisdiction  of 
National  and  State  courts. 

15.  Appeals  from  State  courts. 

16.  Rules  regulating  trials. 

17.  Military  courts. 

18.  Treason  and  its  punishment. 

X.  New  States  and  the  Public  Do- 

main. 

1.  The  origin  of  the  public  do- 
main. 

2.  Annexation  of  territory. 

3.  Provisions  for  new  States. 

4.  Territories  of  the  United  States. 

5.  The  government  of  an  organ- 
ized Territory. 

6.  How  new  States  are  admitted. 

7.  Indian  Territory. 

8.  How  the  public  lands  are  sur- 
veyed. 

9.  School  lands. 

10.  The  new  States  admitted. 

XI.  Relation  of  the  States  to  the 

Union. 

1.  The  sphere  of  a State. 

2.  The  sphere  of  the  Nation. 

3.  The  State  and  the  Union. 

4.  National  functions  of  the 
States. 

5.  Prohibitions  laid  on  the  States. 

6.  Mutual  duties  of  States. 

7.  Privileges  and  immunities  of 
citizens. 

8.  A Republican  form  of  govern- 
ment guaranteed. 

9.  Invasion  and  domestic  violence. 

10.  National  authority  and  public 
peace. 

11.  The  supremacy  of  the  Union. 

12.  The  writ  of  habeas  corpus. 

13.  Bills  of  attainder  and  ex  post 
facto  laws. 

14.  No  titles  of  nobility  conferred 
— none  to  be  accepted  by  public 
officers. 

15.  No  national  church. 

16.  Soldiers  not  to  be  quartered  on 
citizens. 

17.  The  militia. 

18.  Searches  and  seizures. 


GENERAL  OUTLINE 


HISTORY  OF  IOWA 

The  Numbers  refer  to  the  paragraphs. 


I.  The  Beginnings  of  Government 

(1673-1838). 

1.  Meaning  of  the  Name  Iowa. 

2.  History  of  the  Use  of  the 

Name. 

3.  Early  Explorations. 

4.  The  Expedition  of  Captains 

Lewis  and  Clarke. 

5.  The  Expedition  of  Major 

Pike. 

6.  The  Title  to  the  Soil. 

7.  The  First  White  Settler. 

8.  Miner  of  the  Mines  of  Spain. 

9.  Other  Early  White  Settlers. 

II.  The  Original  Inhabitants. 

10.  The  Indians. 

11.  The  Government  and  the 

Indians. 

12.  Treaties  with  the  Indians. 

13.  The  Half-Breed  Tract. 

14.  Legal  Efforts  Regarding  Ti- 

tles. 

15.  Final  Settlement  of  the  Case. 

III.  Iowa  Territory  (1838-1840). 

16.  The  Organic  Act. 

17.  The  Power  of  the  Governor. 

18.  The  Judicial  Power. 

19.  The  First  Governor. 

20.  The  First  Legislature. 

21 . Controversy  with  the  Gover- 

nor. 

22.  Opinion  of  the  Legislature. 

23.  The  Appeal  to  Higher  Power. 

24.  The  Second  Legislature. 

25.  The  Boundary  Dispute  with 

Missouri. 


26.  The  Position  Taken  by  Iowa. 

27.  A Change  in  Administration. 

28.  The  Seat  of  Government 

Moved. 

29.  “The Land  Claim  Laws.” 

30.  Organization  of  the  Settlers. 

IV.  The  Steps  to  Statehood. 

31.  The  Recommendation  of  the 

Governor. 

32.  The  First  Constitutional 

Convention. 

33.  The  Iowa  Boundary  Ques- 

tion. 

34.  The  Act  of  Congress. 

35.  The  View  of  the  People. 

36.  The  Second  Attempt. 

37.  Other  Constitutional  Ques- 

tions. 

38.  The  Opposition  to  Banks  and 

Corporations. 

39.  The  Second  Constitutional 

Convention. 

40.  The  Result  of  the  Work. 

41.  The  Hard  Times. 

V.  The  Democratic  Period  of  State 

Control,  (1846-1854). 

42.  The  First  Steps. 

43.  The  Importance  of  the  First 

State  Election. 

44.  The  First  Deadlock. 

45.  The  Balance  of  Power. 

46.  The  First  Legislative  Investi- 

gation. 

47.  The  Financial  Condition. 

48.  The  Temperance  Movement. 

49.  School  Legislation. 


380 


GENERAL  OUTLINE 


50.  The  First  Special  Session. 

51.  Railroad  Agitation  and  its 

Effect. 

52.  The  Flection  of  1848. 

53.  The  Mormon  Vote. 

54.  The  Second  General  Assem- 

bly. 

VI.  The  Transition  Period  in  Organ- 

ization and  Legislation 
(1854-1857). 

55.  A Period  of  Organization. 

56.  The  Economical  Manage- 

ment of  These  Times. 

57.  The  Spirit  of  Speculation. 

58.  The  State  University  of  Iowa. 

59.  School  Legislation. 

60.  The  Hungarians  in  Iowa. 

61.  The  Great  Seals  of  Iowa. 

VII.  The  Republican  Period  of  State 

Control,  (1857-1896). 

62.  The  Change  in  State  Policy. 

63.  Other  Things  that  Hastened 

the  Change. 

64.  The  Third  Constitutional 

Convention. 

65.  Railroad  Legislation. 

66.  Effect  of  the  New  Policy. 

67.  The  First  Land  Grants. 

68.  The  Des  Moines  River  Land 

Grant. 

69.  What  the  United  States  did 

for  Iowa. 

70.  Founding  State  Institutions. 

71.  The  State  Banking  System. 

72.  Temperance  Legislation. 

VIII.  Iowa  in  the  Days  of  Contro- 

versy and  War  (1859-1865). 

73.  The  Slavery  Question. 

74.  Controversies  over  Suffrage. 

75.  The  Republican  Party  Su- 

preme. 

76.  The  Campaign  of  1860. 

77.  The  Meeting  of  the  Crisis. 

78.  The  Effect  of  the  War. 

79.  Iowa  in  the  War  of  the  Re- 

bellion. 

80.  The  Sioux  Indian  and  the 

Settler. 

81.  The  Spirit  Lake  Massacre. 

82.  The  Outrages  Committed. 

83.  The  Monument. 


381 

IX.  The  State  Institutions  and  Socie- 

ties. 

84.  The  Policy  of  the  State. 

85.  The  Penitentiaries. 

86.  The  Soldiers’  Home. 

87.  The  Hospitals  for  the  Insane. 

88.  The  Hospital  for  Inebriates. 

89.  The  College  for  the  Blind. 

90.  The  School  for  the  Deaf. 

91.  The  Industrial  Schools. 

92.  The  Institution  for  the 

Feebleminded. 

93.  The  Soldiers’  Orphans' 

Home. 

94.  The  State  Agricultural  Col- 

lege. 

95.  The  State  University. 

96.  The  State  Normal  School. 

97.  The  State  Library. 

98.  The  State  Geological  Sur- 

veys. 

99.  The  Boards  of  Control. 

(1)  Board  of  Dental  Ex- 

aminers. 

(2)  Board  of  Health. 

(3)  Commissioners  of 

Pharmacy. 

(4)  Law  Examiners. 

100.  Educational  Board  of  Ex- 

aminers. 

101.  The  State  Societies. 

(1)  Agricultural. 

(2)  Historical  Society. 

(3)  The  Horticultural  So- 

ciety. 

(4)  The  Iowa  State  Teach- 

ers’ Association. 

(5)  The  Iowa  Academy 

of  Sciences. 

X.  Growth,  Development  and 

Change. 

102.  The  Rate  of  Progress. 

103.  Growth  in  Population. 

104.  The  Early  Modes  of  Travel. 

105.  Urban  Population. 

106.  The  First  Effects  of  the 

Railway. 

107.  Railway  Building. 

108.  State  Control  of  Railways. 

109.  Iowa’s  Capitals. 


38  2 


GENERAL  OUTLINE 


110.  The  Policy  of  the  State  as  to 

Debt. 

111.  The  Policy  of  the  State  as  to 

Public  Institutions. 

112.  Political  Changes. 

113.  Productions. 

114.  Mining. 

115.  Dive  Stock  and  Dairy  Pro- 

ducts. 

116.  Public  Education. 

117.  The  First  School  Provisions. 

118.  The  Constitutional  Provi- 

sions. 


CIVIL  GO 

XI.  Local  Government. 

126.  The  Formation  of  the  Ameri  - 

can  Union. 

127.  The  Constitution. 

128.  The  Reserved  Rights  of  the 

States. 

129.  The  State  Divided  into  Coun- 

ties and  Townships. 

130.  The  Congressional  Town- 

ship. 

131.  The  Plan  of  the  Survey. 

132.  The  Division  of  the  Town- 

ship into  Sections. 

133.  The  School  Township. 

XII.  Township  Government. 

134.  The  Civil  Township. 

135.  Officers  of  the  Civil  Town- 

ship. 

136.  Bonds. 

137.  Remuneration. 

138.  Township  Elections. 

139.  Duties  of  TownshipTrustees. 

140.  Classification  of  Trustees. 

141.  The  Township  Clerk. 

142.  Superintendents  of  Roads. 

143.  Constables  and  Justices  of 

the  Peace. 

144.  Assessor. 

145.  Militia. 

XIII.  Municipalities. 

146.  Classification. 

147.  The  (Incorporated)  Town. 


119.  Early  Method  of  Support  of 

Schools. 

120.  The  Public  School  Strength- 

ened. 

121.  The  State  Board  of  Educa- 

tion. 

122.  Horace  Mann  and  Iowa. 

123.  Education,  not  Supported  by 

Public  Taxation. 

124.  Other  Educational  Influ- 

ences. 

125.  The  State  Board  of  Control. 


148.  The  Officers  of  an  Incorpo- 

rated Town. 

149.  The  Council  and  their  Duties. 

150.  Cities  of  the  Second  Class. 

151.  Ordinances  and  Wards. 

152.  Number  of  Cities  of  the 

Second  Class. 

153.  Cities  of  the  First  Class. 

154.  Number. 

XIV.  County  Government. 

155.  County  Government. 

156.  Two  County  Seats. 

157.  The  County  Officers. 

158.  The  Board  of  Supervisors. 

159.  The  Duties  of  the  County 

Supervisors. 

160.  The  Public  Buildings. 

161.  The  County  Auditor. 

162.  The  County  Treasurer. 

163.  The  County  Attorney. 

164.  The  County  Recorder. 

165.  Buying  Real  Estate. 

166.  The  County  Clerk. 

167.  Other  Duties  of  the  County 

Clerk. 

168.  The  Sheriff. 

169.  The  Coroner. 

170.  Notaries  Public. 

171.  The  County  Superintendent 

XV.  State  Government. 

172.  The  Constitution. 

173.  The  Preamble. 


GENERAL  OUTLINE 


383 


174.  The  Bill  of  Rights. 

175.  Political  Power  Inherent  in 

the  People. 

176.  No  State  Religion. 

177.  Religious  Tests. 

178.  The  Penalty  for  Dueling. 

179.  Uniform  Action  of  Daws. 

180.  Freedom  of  Speech  and 

Press. 

181.  Security  from  Arrest  and 

Search. 

182.  Trial  by  Jury. 

183.  Rights  of  the  Accused. 

184.  Indictment  by  the  Grand 

Jury. 

185.  Second  Trial — Bail. 

186.  Habeas  Corpus. 

187.  Definition  and  Illustration. 

188.  Relation  of  Military  to  Civil 

Power. 

189.  Forced  Hospitality  to  Sol- 

diers. 

190.  Treason. 

191.  Injustice  and  Cruelty  to 

Prisoners. 

192.  Imminent  Domain. 

193.  Imprisonment  for  Debt. 

194.  Right  of  Assembly  and  Petr 

tion. 

195.  Attainder , Ex  Post  Facto,  Etc. 

196.  Ex  Post  Facto  Daws. 

197.  Impairing  Obligation  of  Con- 

tracts. 

198.  Rights  of  Foreigners. 

199.  Slavery. 

200.  Dease  of  Dands. 

201.  Reservation  of  Rights. 

202.  Prohibitory  Amendment. 
XVI  Article  II.— Right  of  Suffrage. 

203.  Qualifications. 

204.  Privilege  from  Arrest. 

205.  Privilege  from  Military  Duty. 

206.  Residence  of  Soldiers  and 

Marines. 

207.  Disqualifications  for  Elec- 

tive Franchise. 

208.  Parole  of  Prisoners. 

209.  Elections. 

210.  Registration. 

211.  The  Ballot. 

212.  The  Australian  Ballot. 


213. 

The  Belgian  Ballot. 

214. 

Method  of  Voting. 

215. 

Election  Boards. 

216. 

Election  Returns. 

XVII. 

Article  III., — Degislative  De- 
partment. 

217. 

Distribution  of  Power. 

218. 

Degislative  Department. 

219. 

Regular  and  Special  Ses- 
sions. 

220. 

House  of  Representatives. 

221. 

Qualifications  of  Represen- 
tatives. 

222. 

Senators. 

223. 

Powers  and  Duties  Belong 
ing  to  Both  Houses. 

224. 

Rights  of  Individuals. 

225. 

Freedom  of  Speech. 

226. 

Vacancies. 

227. 

Publicity  of  Sessions. 

228. 

Adjournment. 

229. 

Bills — Their  Origin. 

230. 

Their  Passage. 

231. 

How  Bills  Fail  to  Become 
Daws. 

232. 

Report  of  Finances. 

XVIII. 

Degislative  Department  ( Con- 
tinued). 

233. 

Impeachment. 

234. 

Parties  Diable.-Punishment. 

235. 

Accepting  Appointments. 

236. 

Disqualification. 

237. 

Holders  of  Public  Money. 

238. 

Payment  of  Public  Money. 

239. 

Compensation  of  Members. 

240. 

When  Daws  Go  into  Effect. 

241. 

Prohibitions. 

242. 

Subject  Matter. 

243. 

Docal  and  Special  Daws. 

244. 

Extra  Compensation— Pri 
vate  Appropriations. 

245. 

The  Oath  of  Office. 

246. 

The  State  Census. 

247. 

Number  and  Apportionment 
of  Senators. 

248. 

Number  of  Representatives. 

249. 

Apportionment  of  Repre^ 
sentatives. 

250. 

Floating  Districts. 

251. 

Contiguous  Territory. 

3§4 


GENERAL  OUTLINE 


252.  Mode  of  Voting  in  Ejections 

in  the  General  Assembly. 

XIX.  Article  IV.— Executive  Depart- 

ment. 

253.  The  Governor  — Election, 

Term,  Canvass  of  Vote. 

254  Vote  Required  to  Elect. 

255.  Contested  Elections  and 

Eligibility. 

256.  Command  of  Militia. 

257.  Duties  of  Governor. 

258.  Succession  of  the  Executive, 

Etc. 

259.  The  Great  Seal. 

260.  Executive  Council. 

261.  The  Secretary  of  State. 

262.  The  Auditor  of  State. 

263.  The  Treasurer  of  State. 

264.  The  Attorney-General. 

265.  Railroad  Commissioners. 

266.  The  Superintendent  of  Pub- 

lic Instruction. 

267.  Outline. 

XX.  Article  V.— Judicial  Depart- 

ment. 

268.  General  Provision. 

269.  The  Supreme  Court. 

270.  Writs  and  Processes. 

271.  The  District  Court. 

272.  Civil  and  Criminal  Cases. 

273.  Style  of  Process,  Salary,  Etc. 
274  Changes  in  Districts  and 

Judges. 

275.  Judges  and  Attorneys. 

276.  The  Grand  Jury. 

277.  The  Petit  Jury. 

278.  Outline  Study  of  Judicial 

System. 

279.  Militia. 

280.  Officers. 

281.  Outline  Study  of  the  Militia. 


XXI.  State  Debts  and  Corporations. 


282. 

Purpose  and  Limits. 

283. 

First  Exception  to  Limit. 

284. 

Second  Exception  to  Limit 

285. 

Third  Exception. 

286. 

Requirement. 

287. 

Outline  Study  of  State  Debts. 

288. 

Corporations. 

289. 

Prohibition. 

290. 

Bank  Legislation. 

291. 

Provision  for  a State  Bank. 

292. 

Responsibility  of  Stockhold- 
ers. 

293. 

Further  Protective  Measures. 

294. 

Outline  Study  of  Corpora' 
tions. 

XXII. 

Article  IX. — Education  and 
School  Lands. 

295. 

State  Board  of  Education. 

296. 

School  Funds  and  School 
Lands. 

297. 

United  States  Land  Grants. 

298. 

Other  Sources  of  School 
Fund. 

299. 

Care  and  Disposal  of  Funds. 

300. 

Agents  and  Distribution. 

301. 

Outline  Study  of  Land 
Grants. 

302. 

Amendments  to  the  Consti- 
tution. 

303. 

Revision. 

304. 

Outline  Study  of  Amend- 
ments. 

305. 

Miscellaneous. 

306 

Size  of  New  Counties. 

307. 

Debt  Limits  of  Political  Cor- 
porations. 

308. 

State  Boundaries. 

309. 

Oath  of  Office. 

310. 

Vacancies. 

311 

Schedule. 

INDEX. 

HISTORY  AND  CIVIL  GOVERNMENT  OF  IOWA. 

Figures  refer  to  paragraphs,  not  pages. 


A. 

Academy  of  Sciences,  101. 

Accused,  rights  of,  183. 

Admission  of  Iowa,  31,  32,  128. 
Adjournment,  223,  228. 

Adjourned  Session,  50. 

Agricultural  College,  94,  297 : Society, 

101. 

Amendments.  280,  302,  303. 

Anamosa,  10. 

Andrew,  58. 

Appanoose,  10. 

Appointed  officers,  266. 
Appointments,  235. 

Apportionment,  247, 249. 
Appropriations,  244. 

Arkansas,  6. 

Arrest,  181,  204,  224. 

Assembly  and  petition,  194. 

Assessors,  144. 

Attainder,  195. 

Attorney,  64,  163,  264. 

Auditor,  153,  161,  262. 

B. 

Banks,  37,  38,  40,  55,  62,  63,  64,  71. 
Banking  laws,  290,  291-293. 

Ballot,  secret,  211. 

Australian,  212. 

Belgian,  213. 

Battles  of  Rebellion,  79. 

Belmont,  109. 

Bill  of  rights,  174. 

Bills,  origin  of,  229. 

passage,  230-231. 

Black  Hawk,  10. 

map  of  county,  158. 
purchase,  12. 

Blondeau,  7. 

Blind,  88,  89. 

Boards  of  State,  99,  100. 

of  education,  64,  121. 

Bonaparte,  Napoleon,  6. 

Bonds,  136. 

Boundaries,  308. 

disputes  concerning,  25,  33,  34,  35, 
39,  40. 

Briggs,  Ansel,  43,  50. 


Brigham,  David,  14. 

Brown,  Auditor,  244. 

Buildings,  public,  160. 

Burlington,  14,  19,  28,  109. 

c. 

Capital,  19,  109,  310. 

Capitol,  20. 

Canvassing  Board,  159. 

Caucus,  216. 

Cass,  Rewis,  52. 

Census,  19,  24,  61,  64,  246. 

Chambers,  John,  12,  27,  28. 

Changes  in  District  Courts,  274. 
Charters,  20. 

Cherokee,  10. 

Chickasaw,  10. 

Civil  and  criminal  cases,  272. 

Circuit  courts,  167,  274. 

Clark,  James,  42. 

Clerk,  141,  148,  150,  153,  166. 
Classification,  140,  146. 

Codes  of  Iowa,  50. 

Colleges,  123. 

College  for  Blind,  89. 

Compensation,  137,  239,  244. 

Congress,  23,  24,  25,  32,  34, 35,  40,  42,  50, 
51,  52,  65. 

Congressional  Districts,  173. 

townships,  130-133. 

Constitution,  127,  172,  303. 
of  1844,  32,  38,  39. 
of  1846,  38,  40,  42,  45. 
of  1857,  38,  64,  174. 
Constitutionality,  128. 

Constable,  143. 

Constitutional  convention,  24,  31,  32, 
39,  64. 

Contiguous  territory,  251. 

Contracts,  197. 

Conventions,  216  (3). 

Coroner,  169. 

Corporation  laws,  37,  38,  40,  55,  62,  64, 

66. 

Corporations,  282,  288-290. 

Council,  149,  150,  153. 

Bluffs,  4,  51,  53. 

County  government,  155-171. 

County  officers,  157. 

385 


386  INDEX. 


County  seat,  changing,  243. 

two  seats,  156. 

County,  size  of,  306. 

Courts,  circuit,  167,  274. 
district,  271. 
justice,  143,  305. 
supreme,  9,  64,  269. 

D. 

Dakota,  6. 

Davenport,  12,  20,  51,  93,  120. 
“Deadlock,”  44,  46,  52. 

Deaf,  school  for,  90. 

Debts,  282-285,  307. 

Decatur  County,  60. 

Decorah,  10. 

Democratic  view,  35,  43,  50,  53,  62,  63, 
74,  112. 

Dennison,  George  B.,  59. 

Dental  examiners,  99. 

Departments,  217. 

Des  Moines,  64,  109. 

Navigation  Company,  68. 
river  land  grant,  68,  69. 

Valley  Railroad,  68, 

District  attorneys,  64. 

District  of  Louisiana,  6. 

District  court,  271. 

Disqualifications,  207,  236-238. 

Divorce.  241. 

Dodge,  A.  C.,  45,  54,  70,  75. 

Henry,  109. 

Dubuque,  City,  38,  51,  58,  120. 

Julien,  7. 

Dueling,  178. 

Duties,  of  local  officers,  139. 
of  State  officers,  256-266. 

E. 

Education,  116. 

State  Board  of,  295 

Educational  Board  of  Examiners,  100. 
Elections,  138,  139,  209. 

in  General  Assembly,  252. 
Election  boards,  215. 

returns  of,  149,  216. 

Emancipation  proclamation,  78, 
Eminent  domain,  192. 

Entering  land,  29,  30,  41. 

Executive  council,  260. 

Exemptions,  205. 

Ex-post  facto  laws,  195,  196. 

Extra  sessions,  50. 

F. 

Fairfield,  58. 

Federal  government,  127. 
Feeble-minded,  92. 

Felonies,  184. 

Finance,  County,  159. 

Reports,  of  State,  141,  232. 
Financial  affairs,  47,  55,  62,  03. 

First  State  election,  43. 

schools,  117. 

Floating  districts,  250, 

Floyd,  Sergeant,  4. 


Foreigners,  rights  of,  198. 

Fort,  Crawford,  7. 

Dodge,  82. 

Madison,  12,  20. 

Sumpter,  76. 

Fox  Indians,  1 , 7,  10,  12,  13. 

Freedom  of  speech,  180. 

Free  schools,  59. 

France  and  Iowa,  6. 

G. 

General  Assembly,  50,  54,  218. 
Geological  survey,  98. 

Girard,  Basil,  9. 

tract,  9. 

Good  time,  208. 

Governor,  17,  21,  22,  253-259. 

list  of,  266. 

Graded  schools,  59. 

Grand  jury,  184,276,277. 

Grand  river,  60. 

Great  Britain,  6. 

Great  seals  of  Iowa,  61. 

Grimes,  James  W.,  59,  62,  63,  64,  73,  75, 
119. 

H. 

Habeas  corpus,  186. 

Half-breed  tract,  13,  14,  15,  44,  45 
Hall,  J.  C , 45. 

Harlan,  James,  75. 

Hard  times,  41,  55. 

Harrison,  William  Henry,  12,  27,  46. 
Health,  board  of,  99,  139,  150. 
Hennepin,  Eouis,  3. 

Highways,  159- 
Historical  department,  97. 

society,  97,  101. 

Home  rule,  24. 

Home  for  blind,  88. 

Honore-Tesson,  Eouis,  9. 
Horticultural  society,  101. 

Hospitals  for  insane,  70,  87. 
Hospitality  to  soldiers,  189 
Hungarians,  60. 

I. 

Illinois,  3,  53. 

Impaired  obligations,  197. 
Impeachment,  213,  234. 

Imprisonment  for  debt,  193. 
Inalienable  rights,  174. 

Income  tax,  128. 

Indebtedness  of  State,  47,  64,  70,  77. 

110. 

Independent  districts,  133. 

Indiana,  6. 

Indian  boundary  line,  25,  33. 

Indians,  1,  10,  80,  81,  82,  83. 

Indian  treaty,  11,  12. 

Indian  war,  80,  81,  82,  83. 

Industrial  school,  91. 

Ink-pa-du-tas,  81. 

Insane,  87,  207. 

Institutions,  State,  70,  84,  111, 

Interest,  rate,  41. 


INDEX. 


387 


Iowa,  admitted.  32-40. 

City,  1,  20,  28,  39,  51,  58,  64,  109 

County,  1,  2. 

district,  2. 

name.  1. 

river,  1. 

soil,  6. 

territory,  2,  16. 

J. 

Jefferson,  Thomas,  12. 

Johnson  County,  20. 

Johnston,  Edward,  14. 

Joliet,  Louis,  3,  6. 

Jones,  Geo.  W.,  54,  75. 

Judicial  power,  18,  268-278. 

table,  269. 

Jury,  182-183. 

Justice  of  the  peace,  143,  305. 

K. 

Kanesville,  53, 

Kentucky,  12. 

Keokuk,  10,  12,  13,  51. 

King,  Nelson,  45. 

Kirkwood,  S.  J.,  70,  77. 

Kossuth,  Louis,  60. 

L. 

Land-claim  laws,  29,  30. 

Land  grants,  67,  69,  297-301. 

sales,  29,  30,  51,  57. 

La  Salle,  3. 

Laws,  240. 

Lease  of  lands,  200. 

Le  Claire,  Antoine,  1,  65.  ' 

Lee  County,  3,  9,  13. 

Legislative  department,  218. 
assembly,  22,  24. 
investigation,  46. 

Legislature,  20,  24,  218. 

Library,  124. 
state  97. 

Lieutenant  governor,  64,  258 
Lincoln,  Abraham,  73,  76. 

Live  stock,  115. 

Loan,  public, 47. 

Local  and  special  laws,  243. 

Lotteries,  241. 

Louisiana,  5,  6. 

Lucas,  Robert,  19,  22,  23,  26, 27,  28,  31 . 

M. 

Madison,  109. 

Mahaska,  10. 

Mann,  Horace,  122. 

Marquette,  James,  3,  5. 

Massacre,  Indian,  82. 

Mendota,  82. 

McCarthy,  Johnathan,  45. 

Michigan,  2,  6. 

Militia,  145,  279-280. 

Miner’s  Bank,  38. 

‘ Minesof  Spain,”  8. 

Mining,  114. 

Minnesota,  6. 


Misdemeanors,  184. 
Mississippi  river,  3,  6,  12,  39. 
Missouri,  6,  12,  25,  26,  33,  39. 

Compromise,  73. 

Modes  of  travel,  104. 

Monona,  10. 

Montrose,  9. 

Monuments,  78,  83. 

Mormons,  53. 

Mortgages,  164. 

Mt.  Pleasant,  58,  70,  87. 
Municipalities,  146-154. 

N. 

Names,  changing,  243. 

Negro  suffrage,  74. 

New  Orleans,  6,  7. 

Nicollet,  33. 

Normal  Schools,  58,  92,  96. 
North  Dakota,  6. 

Northwest  Territory,  12. 
Notary  public,  170. 

o. 

Oath  of  office,  141,  245,  309. 
Offenses,  184. 

Ohio,  12. 

Okoboji,  10,  82. 

Ordinance  of  1787,  7. 

of  city,  151. 

Organic  act,  16. 

Orphans'  Home,  93. 

Osage,  10. 

Osceola,  10. 

Oskaloosa,  10,  58. 

Ottumwa,  10. 

P. 

Panic  of  1837,  41, 

Parochial  schools,  123. 

Pay,  137. 

Penitentiary,  20,  85,  184. 
People  of  Iowa,  61,  173. 

Petit  jury.  277. 

Pike,  Major,  5. 

Pike’s  Peak,  5. 

Pharmacy,  99. 

Pocahontas,  10. 

Political  power,  175. 

patronage,  19. 

Poll-tax,  139. 

Poor,  139,  159. 

Population,  56,  61,  103,  105. 
Possum  ticket,  45. 

Potosa,  8. 

Pottawattamie  Indians,  10,  12. 

county,  4. 

Poweshiek,  10. 

Powers  of  both  houses,  223. 
Prairie  du  Chien,  7. 

President  of  United  States,  23. 
Preamble,  173. 

Prices,  41. 

Primaries,  216,  (2). 

Principal  meridian,  131. 
Private  appropriations,  244. 
Proclamations,  226. 


388 


INDEX 


Productions,  113. 

Progress,  102. 

Prohibition  amendment,  202. 
Prosecuting  attorney,  (34. 

Protest,  224. 

Public  lands,  51,  297-301,  310. 
Publicity  of  sessions,  227. 

Q. 

Quorum,  223. 

r. 

Railroads,  51,  65,  68,  106-108. 

Railroad  commissioners,  265. 

Real  estate,  buying,  165. 

Rebellion,  War  of,  77-79. 

Recorder,  164. 

Reform  schools,  91. 

Registration,  210. 

Reid,  Hugh,  14. 

Religion,  176. 

Remuneration,  137,  239. 
Representatives,  220,  221,248. 
Republican  view,  62,  63,  72,  76,  112. 
Reserved  rights,  128,  201. 

Residence,  206. 

Review,  boards  of,  141,  144,  159. 

Rio  Grande  River,  3,  5. 

Road  taxes,  139. 

Roddick,  Thomas,  9. 

s. 

Sac,  10,  12,  13. 

St  Clair,  Arthur,  12. 

St.  Touis,  12. 

St.  Peters  River,  33. 

Salaries,  56. 

of  state  officers,  266. 

Schedule,  311. 

Schools,  116-120. 

Schoolcraft.  Henry  R.,  1. 

School  for  deaf,  90. 

School  funds,  133. 

School  legislation,  49,  59,  117,  118-120. 
Scott,  Gen.  Winfield,  12. 

Seals  of  Iowa,  61. 

Second  trial,  185. 

Secretary  of  State,  261. 
Semi-centennial,  102. 

Senators,  222. 

number  of,  247. 

Sessions,  extra,  24,  50,  257. 

of  legislature,  219. 

Sheriff,  168. 

Sioux,  10,  12. 

Indians,  80,  81,  82,  83. 
river,  33. 

Slavery,  32,  63,  73,  76, 199. 

Soldiers,  78,  79. 

Home,  86. 

Orphans’  Home,  93. 

South  Dakota,  6. 

Spain  and  Iowa,  6. 

Spaulding,  Josiah,  15. 

Special  Sessions,  50. 

Speculation,  55,  57. 

Speech,  freedom  of,  225. 


Spirit  Take,  80-83. 

State  Agricultural  College,  94,  297. 
State  banks,  37,  71,290-293. 

State  Board  of  Control,  125,  266. 

of  Education,  64,  295. 

State  Boards,  99,  100. 

State  Institutions,  70,  84-96. 

State  Normal  School,  96. 

State  University,  58,  64,  95,  122,  297. 
Supreme  law,  127. 

Surveyor,  171a. 

Surveys,  congressional,  130-133. 
Subject  matter,  242. 

Suffrage,  74,  203-216. 

Sullivan,  John  C.,  25,  33. 
Superintendent,  49,  171,  266. 
Supervisors,  142,  159. 

Supreme  Court,  9,  64,  269-274. 

T. 

Tama,  10. 

Taxes,  144,  286. 

Taylor,  Zachary,  52. 

Teachers’  Association,  101. 

institutes,  122. 

Temperance,  48,  63,  72. 

Territorial  legislation,  20-24. 

Title  to  soil,  6. 

Towns,  147-149. 

Treason,  190. 

Treasurer,  148,  150,  153,  162,  263. 
Treaties  with  Indians,  11,  12. 
Tuition  in  school,  59. 

Tyler,  John,  27. 

u. 

Unconstitutionality,  128. 

Uniform  action  of  laws,  179. 

United  States  Senators,  43-46,  50,  54. 
University,  58,  64,  95,  122,  297. 

Upper  Louisiana,  6,  9. 

V. 

Vacancies  in  General  Assembly,  226. 

other,  149,  310. 

Van  Buren,  President,  23. 
county,  25. 

Veto,  21,  22,  149,  151,  153,  229,  230. 
Voting,  214. 

in  General  Assembly,  252. 

w. 

Wapello,  10. 

War  of  Rebellion,  77,  78,  79. 
Warrants,  J43,  181. 

Washington  monument,  76. 
Watonwan  river,  33. 

Waukon.  10. 

Whig  view,  35,  43,  50,  53. 

Wilson,  Thomas  S.,  14. 

Winnebago,  10. 

Winneshiek,  10. 

Wisconsin,  2,  6,  14. 

Writs,  143,  270. 

Y. 

Yea  and  nay  vote,  224. 


\ 


